Filing a Nebraska State Tort Claims Act Injury Claim

If you're injured by another person's carelessness in Nebraska, you might decide to file a personal injury lawsuit against them. But what if your harm was caused the state government or one of its employees, or by the negligence of a local government entity? Here's what to know:

• Injury claims against the government in Nebraska can be an uphill battle.
• These claims follow specific rules, and must be brought in compliance with the Nebraska State Tort Claims Act.
• The typical path for getting compensation under the Nebraska State Tort Claims Act depends on the amount of "damages" (compensation) the claimant is seeking.
• If your claim is denied, you're free to file a lawsuit against the relevant government agency in court.

Bringing an Injury Claim Against the State in Nebraska

Nebraska's State Tort Claims Act specifies that "the State of Nebraska shall not be liable" for torts (injuries) caused by employees, officers, or agents, "and no suit shall be maintained against the state" unless it is permitted under the rules provided by the State Tort Claims Act.

Although it doesn't use these words, Nebraska's State Tort Claims Act is referring here to the rule of sovereign immunity. This rule, based on law inherited from England, bars private individuals from suing the state under the theory that "the king can do no wrong." While every U.S. state continues to acknowledge the rule of sovereign immunity, all have created specific exceptions that allow an injured person to seek compensation from the state government.

So nowadays, if you're in a car accident caused by a city bus driver, or if you slip and fall on state government property, you have options for seeking compensation, but you need to play by a unique set of rules.

What the Nebraska State Tort Claims Act Covers (and Doesn't Cover)

The rules and procedures of the Nebraska State Tort Claims Act are laid out starting at Nebraska Revised Statutes section 81-8,210. These laws specify that an action brought under the Act must:

• state a claim for money damages
• involve "damage to or loss of property," personal injury, or death
• relate to a loss caused by the negligent or wrongful behavior of a state employee "acting within the scope of his or her office or employment," under circumstances in which the state employee could be held liable if they were a private party, and
• not be barred by any other provision in the law (such as claims covered by the Nebraska Claims for Wrongful Conviction and Imprisonment Act).

So, what type of accident or incident could give rise to an injury or property damage claim under the State Tort Claims Act? Generally speaking, almost any kind of mishap, including:

• vehicle accidents
• injuries caused by dangerous property conditions, and
• any other incident where a state employee's negligence played a part in the claimant's losses.

What's the Deadline for Filing a Nebraska State Tort Claims Act Claim?

A claim under the Nebraska State Tort Claims Act needs to filed within two years of the date of the accident or other incident that gave rise to the injury.

How to File a Claim Under the Nebraska State Tort Claims Act

Claims against the government in Nebraska are the responsibility of Nebraska Department of Administrative Services Office of Risk Management and the State Claims Board. A claim begins when the appropriate form is filed with Risk Management. A "Tort & Miscellaneous Claim Form" is available on the Risk Management website, along with instructions and a brief explanation of the claims process.

Claims with damages totaling $5,000 or less must be approved by the state Risk Manager. If the claim is approved:

• an original copy of a release will be sent to the claimant
• the claimant then needs to sign the release in the presence of a public notary
• the claimant then must return the release to the Office of Risk
  Management as instructed in the accompanying letter, and
• once the signed and notarized release has been received, the claim will be processed for payment.

Claims totaling more than $5,000 but less than $50,001 must be approved by the State Claims Board.

Claims totaling more than $50,001 must be approved by the Nebraska State Legislature.

If Your Claim Is Not Approved, You Can Now File a Lawsuit

If any claim is not approved by the relevant decision-maker, you're now free to file a lawsuit in court, as you might with any other kind of personal injury claim. Nebraska's district courts have jurisdiction over state tort claims under Nebraska Revised Statutes section 81-8,214.

For more details, check out the online publication Standard Operating Procedures: How to File a Tort Claim Against the State of Nebraska, from the Nebraska Department of Administrative Services.

Getting Help After an Injury In Nebraska

Making an injury claim under the Nebraska State Tort Claims Act can be tricky, especially if you're unsure about which government entity might be responsible for your injury, how to comply with the procedural guidelines, or how to go about putting your best claim together.

It might make sense to talk to an experienced lawyer to get advice tailored to your situation, and an explanation of your best options. Learn how to find the right personal injury lawyer for you and your case. You can also connect with a Nebraska injury lawyer using the tools on this page.