Nebraska · Comparative Negligence

Nebraska Comparative Negligence Rule

Nebraska follows a modified 50% bar rule under Neb. Rev. Stat. § 25-21,185.09. Recovery is allowed when the claimant's share of fault is 50% or less, and barred when it exceeds that threshold.

Updated 2026-05-22 · See all 50 states

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Key facts: Nebraska

Rule type: Modified 50% bar
Max fault to recover: 50%
How recovery works: Recovery is allowed when the claimant's share of fault is 50% or less, and barred when it exceeds that threshold.
Last verified: 2026-05-22
Source type: Primary (state statute)

Details for Nebraska

Modified comparative negligence with a 50% bar; the plaintiff is "totally barred" when contributory negligence is "equal to or greater than" the total negligence of defendants.

Related: Nebraska statute of limitations

Nebraska gives you 4 years to file a personal injury lawsuit under Neb. Rev. Stat. § 25-207.

See the full Nebraska statute of limitations →

This page is informational and does not constitute legal advice. Some categories (medical negligence, governmental defendants) follow different rules. Confirm the controlling rule with a licensed Nebraska attorney before relying on it.

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Nebraska Comparative Negligence FAQ

What comparative negligence rule does Nebraska follow?

Nebraska follows a modified 50% bar rule under Neb. Rev. Stat. § 25-21,185.09. Claimant barred when fault reaches 50% or more. Recovery is allowed when the claimant's share of fault is 50% or less, and barred when it exceeds that threshold.

Can I still recover if I was partly at fault for the accident in Nebraska?

Yes, up to a point. In Nebraska you can recover when your share of fault is 50% or less. Once you cross that threshold, you are barred from recovering anything at all.

How does this affect settlement negotiations in Nebraska?

Insurance adjusters argue percentage of fault to reduce what they pay. Because Nebraska bars recovery once fault exceeds 50%, even a small dispute about percentage can swing settlement value dramatically. Crossing the bar means zero recovery.

What is the personal injury statute of limitations in Nebraska?

Nebraska gives you 4 years to file a personal injury lawsuit under Neb. Rev. Stat. § 25-207.

Where can I read the actual rule?

The controlling authority is Neb. Rev. Stat. § 25-21,185.09. The full text is available at https://nebraskalegislature.gov/laws/statutes.php?statute=25-21,185.09.

See comparative negligence rules for all 51 covered states

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