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Index

1.     Understanding Personal Injury Claims

2.     Types of Personal Injury Damages

3.     Nebraska Laws Affecting Personal Injury Compensation

4.     How to Calculate Your Claim’s Value

5.     Additional Factors That Influence Claim Value

 

If you’ve suffered an injury due to someone else’s negligence, you may be entitled to compensation. However, calculating the value of your personal injury claim can be complex. Factors such as medical expenses, lost wages, physical pain, mental suffering, and inconvenience within Nebraska’s legal framework all play a role in determining how much you can recover.

This guide will walk you through the key elements that impact your settlement, ensuring you understand how Nebraska laws affect your claim’s value.

Visit our Personal Injury services page to learn more about our legal services for you.

 

Understanding Personal Injury Claims

A personal injury claim seeks to compensate victims for losses resulting from accidents such as car crashes, trucking accidents, workplace injuries, dog bites, and slip-and-fall incidents. The total compensation depends on the damages you suffered and how Nebraska’s legal system assesses them. Read more on when to pursue a personal injury claim after a car accident.

Understanding the types of damages and how Nebraska law treats personal injury claims is crucial to determining what you may be entitled to recover. The following sections break down these key factors to help you estimate your potential compensation.

 

Types of Personal Injury Damages

To determine the value of your claim, you must first understand the types of damages available.

Economic Damages or Special Damages

Economic damages, or what we commonly refer to as special damages, are financial losses directly tied to your injury. These losses can be calculated based on actual expenses and include:

• Medical expenses (hospital bills, physical therapy, medications)
• Future medical costs (ongoing treatments, rehabilitation)
• Lost wages (income lost due to missed work)
• Loss of earning capacity (if your injury prevents you from working at full capacity)
• Property damage (e.g., vehicle repairs after a car accident)

These damages have clear financial values and can be proven with bills, receipts, estimates, and pay stubs. Keeping detailed records of all expenses is essential to ensuring you receive full compensation.

Non-Economic Damages or General Damages

Non-economic damages, or what we commonly refer to as general damages, compensate for subjective losses that have a less specific valuation. Examples of these damages include:

• Pain and suffering (physical pain and emotional distress)
• Loss of enjoyment of life (inability to participate in activities you once enjoyed)
• Emotional distress (anxiety, depression, PTSD)
• Inconvenience
• Loss of consortium (impact on relationships with a spouse or family)

Unlike economic damages, non-economic damages do not have a direct monetary value, often making them more difficult to quantify. Courts and insurance companies use various methods to estimate appropriate compensation based on the severity of your injuries, however, in general the question is -how has your life been affected as a result of your injuries?

Punitive Damages

Punitive damages are awarded in rare cases when the defendant’s actions were particularly reckless or intentional. Unlike economic and non-economic damages, which compensate the victim, punitive damages serve as a punishment or deterrent. Most of the time punitive damages are prescribed by statute and require the showing of gross negligence or willful or reckless behavior. For the most part, Nebraska does not allow punitive damages unless the victim is pursuing an action governed by federal law, such as a 1983 action, or another state’s law is being applied.

Punitive damages are not meant to compensate victims but rather to deter future misconduct. While they are rare in Nebraska, understanding when they apply can be useful in high-severity cases, or when a defendant’s conduct has been especially egregious.

 

Nebraska Laws Affecting Personal Injury Compensation

Several Nebraska-specific laws can impact how much compensation you can receive in a personal injury case. These laws address factors like fault, filing deadlines, and damage caps.

Comparative Negligence Rule

Nebraska follows a modified comparative negligence rule referred to as contributory negligence (Neb. Rev. Stat. § 25-21,185.09). This means in Nebraska you can recover damages only if you are less than 50% at fault for the accident, and if you are determined to bear some liability for your injuries, your compensation is reduced based on your percentage of fault.

Contributory negligence can significantly impact your claim, as a higher percentage of fault means lower compensation. Working with an attorney to present strong evidence can help minimize your assigned fault.

 

Joint & Several Liability

Joint and several liability applies when the conduct of multiple parties causes injury and results in each party being individually liable for all damages. Under Nebraska law, when multiple defendants are involved, they are each jointly and severally liable for all damages if they were involved in a “common enterprise” and jointly and severally liable for economic damages only if no common enterprise. Joint and several liability in Nebraska is governed by Neb. Rev. Stat. § 25-21,185.10 and Tadros v. City of Omaha, 273, Neb. 935, 735 N.W.2d 377 (2007).

Whether joint and several liability applies in your case can have a significant impact on claim value, as well as what insurance proceeds might be available.

 

Not Wearing Your Seatbelt

While evidence of not wearing your seatbelt is currently not admissible in Nebraska on the issue of liability or proximate cause, it can result in your recovery being reduced by up to five percent (Neb. Rev. Stat. § 60-6,273)

Statute of Limitations

In Nebraska, you typically have four years from the date of injury to file a personal injury lawsuit (Neb. Rev. Stat. § 25-207). However, for medical malpractice or claims against government entities, there are shorter deadlines and additional notice requirements.

Failing to settle your claim or file a formal lawsuit within the relevant statute of limitations can result in losing your right to compensation. It’s crucial to act quickly and consult a legal professional to ensure you meet all necessary deadlines.

 

Damage Caps in Nebraska

While Nebraska does not cap damages for general personal injury cases, medical malpractice claims are subject to a cap of $2.25 million (Neb. Rev. Stat. § 44-2825).

Damage caps can limit your total recovery amount, especially in medical malpractice cases. If your claim involves a healthcare provider, understanding these limits is essential when estimating your compensation.

 

How to Calculate Your Claim’s Value

Medical Expenses

Medical costs can make up a significant portion of a personal injury claim. These expenses include:

• Hospital bills
• Doctor visits and specialist care
• Prescription medications
• Physical therapy and rehabilitation
• Future medical treatment costs

While in some cases, we may choose not to utilize your past medical expenses at trial, in others your medical costs may serve as the foundation for your injury claim. Keeping accurate records will help ensure you recover the full amount you are owed.

 

Lost Wages & Loss of Earning Capacity

If your injury has affected your ability to work, you may be entitled to compensation for lost income. This includes: wages lost due to time off work, future earnings lost if you can’t return to your previous job or your employability has been impaired, and loss of business opportunities for self-employed individuals.

Your ability to earn a living is a critical part of your claim, especially if the injury impacts your long-term employment. A vocational expert may be needed to assess future income loss.

 

Property Damage

For accidents involving vehicles or damaged property, include repair or replacement costs.

 

Pain and Suffering Calculation Methods

Pain and suffering damages are more challenging to quantify. The most common methods are:

 

The Multiplier Method:

A multiplier (usually between 1.5 and 5) is applied to your economic damages. This is calculated by:

• Adds up your economic damages (medical bills, lost wages, etc.)
• Multiplies that total by a number (typically 1.5 to 5), depending on injury severity

Example: If your economic damages total $50,000 and a multiplier of 3 is applied, your pain and suffering damages would be $150,000.

While multiplier methods are often mentioned on the Internet, the attorneys at Chandler Conway never utilize a multiplier method in evaluating an injury claim, as the amount of your medical bills is not a good indicator of the severity of your injuries or how those injuries have affected, and will continue to affect, your life.

 

The Per Diem Method:

This is a rate (often a daily rate and based on some item of comparison) is assigned for each day, or hour,  you suffer from the injury. Specifically, it:

• Assigns a rate (again, often a daily rate and based off some number for comparison, such as the amount someone pays for coffee each day, a daily medication cost, or some other comparable daily expense)
• Multiplies that rate by the number of days you experience pain and suffering often utilizing a life expectancy table

Example: If your life expectancy is 30 years and someone would pay $20.00/day if there were a magic pill that would take away your pain each day, it would amount to $219,000 in general damages (30 years x 365 days/year x $20/day).

These methods help illustrate how non-economic damages can be evaluated, but final amounts are ultimately up to the trier of fact and can vary based on negotiations, court rulings, and whether or not liability is in dispute. Insurance companies often utilize lower multipliers or software, so strong evidence is crucial.

Ultimately, each individual case is different, and non-economic (general) damages should be determined based on how the injured party’s life has been affected – i.e. what is the permanency of their injuries, how much pain are they in, how old are they, what are they no longer able to do, etc.

 

Additional Factors That Influence Claim Value

Strength of Evidence

Insurance companies play a significant role in personal injury settlements, but their goal is often to minimize payouts. Understanding their tactics and knowing how to counter lowball offers is essential for maximizing your compensation.

• Insurers often attempt to minimize payouts, so understanding negotiation tactics is key.
• Be cautious when accepting an early settlement offer—it may undervalue your claim. 

Insurance adjusters prioritize their company’s profits, so their initial offer is often lower than what you deserve. Negotiating with legal representation can help secure a fair settlement.

 

Role of Insurance Companies

Insurance companies play a significant role in personal injury settlements, but their goal is often to minimize payouts. Understanding their tactics and knowing how to counter lowball offers is essential for maximizing your compensation.

• Insurers often attempt to minimize payouts, so understanding negotiation tactics is key.
• Be cautious when accepting an early settlement offer—it may undervalue your claim. 

Insurance adjusters prioritize their company’s profits, so their initial offer is often lower than what you deserve. Negotiating with legal representation can help secure a fair settlement.

 

Legal Representation & Settlement Negotiations

Having an experienced personal injury attorney can make a significant difference in your claim’s outcome. A lawyer can handle negotiations, make sure necessary evidence is preserved, ensure all damages are accounted for, and fight for the compensation you deserve.

• Hiring an experienced Nebraska personal injury attorney can increase your chances of maximizing compensation.
• Lawyers can negotiate with insurance companies and ensure all damages are accounted for.

Legal expertise is essential when dealing with insurers and complex claims. An attorney can help ensure you receive fair compensation based on Nebraska law.

Calculating the value of a personal injury claim in Nebraska requires evaluating economic, non-economic, and, sometimes, punitive damages. Understanding state-specific laws, such as comparative negligence and the relevant statute of limitations, is essential to determining how much compensation you may receive.

While online calculators can provide estimates, the estimates are usually arbitrary and wrong.  Consulting a Nebraska personal injury lawyer ensures you receive a fair settlement based on the full scope of your damages. If you or a loved one have suffered an injury, don’t navigate this process alone—get the legal guidance you deserve.

 

Maximize Compensation with Chandler|Conway

Calculating the value of your personal injury claim in Nebraska can be complex, but you don’t have to do it alone. At Chandler | Conway, we specialize in maximizing compensation for injury victims by building strong cases backed by solid evidence, expert analysis, and strategic negotiation. In addition, we believe in transparency and want our clients to understand as much as they would like to about how their cases are being handled and why we are taking the steps we are taking.

Our legal team works with top medical professionals, accident reconstruction specialists, and financial experts to ensure every aspect of your damages—medical costs, lost wages, and pain and suffering—is fully accounted for.

Let us handle the legal complexities while you focus on healing. Contact Chandler | Conway today for a free consultation and the dedicated representation you deserve.