Nebraska Personal Injury Demand Letter

PERSONAL INJURY DEMAND LETTER — NEBRASKA

SETTLEMENT PROPOSAL

For discussion of a disputed claim

Date: [__/__/____]

VIA CERTIFIED MAIL — RETURN RECEIPT REQUESTED

SENDER (Attorney/Law Firm)

RECIPIENT (Insurance Adjuster/Claims Department)

CLAIMANT INFORMATION

I. INTRODUCTION AND PURPOSE

Dear [________________________________]:

This office represents [________________________________] ("Claimant") in connection with personal injuries sustained in a [☐ motor vehicle collision ☐ slip and fall ☐ premises liability incident ☐ product liability ☐ other: ________________________________] that occurred on [__/__/____] in [________________________________], Nebraska. This letter constitutes a formal demand for settlement of all liability claims against your insured, [________________________________] ("Tortfeasor/Defendant"), arising from the above-referenced incident.

This demand seeks to resolve a disputed claim. Neb. Rev. Stat. § 25-21,185.09 governs comparative negligence when it applies. Section 27-408 limits specified uses of compromise offers and negotiations concerning a claim disputed as to validity or amount; it does not itself make this letter confidential or privileged, or exclude otherwise discoverable evidence merely because it appears in negotiations. Nothing in this proposal waives a claim absent an executed settlement agreement.

Claimant has authorized this office to negotiate and settle all claims. A signed letter of representation is enclosed.

II. STATUTORY FRAMEWORK — NEBRASKA LAW

Key Provisions Applicable to This Claim

1. Comparative Fault (Neb. Rev. Stat. § 25-21,185.09) — The claimant's negligence reduces damages proportionately. Recovery is barred if the claimant's negligence equals or exceeds the total negligence of all persons against whom recovery is sought.

Important Distinction: A 50/50 split between the claimant and the persons from whom recovery is sought bars recovery. Identify those persons before applying the comparison.

2. Jury Trial — Under Neb. Rev. Stat. § 25-1104, factual issues in actions for money or specific property are tried to a jury unless jury trial is waived or a reference is ordered. Section 25-1126 specifies the permitted forms of waiver. Classify the particular claim and forum before assuming a jury will decide it.

3. No Punitive Damages — Nebraska does not allow punitive or exemplary damages in civil cases. This is a significant limitation on Claimant's recovery but also means the focus is entirely on full compensatory damages.

4. Claim-Specific Recovery Limits — Check the defendant and governing claim before setting the demand. Neb. Rev. Stat. § 13-926 limits recovery under the Political Subdivisions Tort Claims Act. Section 44-2825 limits total recovery under the Nebraska Hospital-Medical Liability Act for qualifying claims.

Political-subdivision claim notice — If the claim falls under the Political Subdivisions Tort Claims Act, § 13-919(1) generally bars it unless a written claim is made to the governing body within one year after accrual. Section 13-905 specifies the authorized filing recipient and requires the claim to state the time, place, and known pertinent facts. A demand sent only to an insurer is not a substitute for filing with the statutory recipient. Check the Act's timing provisions before sending this letter.

5. Residual Four-Year Category (Neb. Rev. Stat. § 25-207(3)) — Four years applies only when the claim is an injury to the plaintiff's rights, does not arise on contract, and is not otherwise enumerated. Classify every claim and verify its accrual, tolling, and any more-specific statute before calculating a deadline.

III. FACTUAL BACKGROUND

A. The Incident

On [__/__/____], at approximately [____:____ ☐ AM ☐ PM], Claimant was [________________________________] at or near [________________________________] (exact location), in [________________________________], [________________________________] County, Nebraska.

At that time, Tortfeasor was operating a [____] [________________________________] [________________________________] (year/make/model), bearing Nebraska license plate number [________________________________], traveling [☐ northbound ☐ southbound ☐ eastbound ☐ westbound] on [________________________________].

Description of the incident:

[________________________________]
[________________________________]
[________________________________]
[________________________________]
[________________________________]

B. Emergency Response

C. Police Report Summary

The police report [☐ does ☐ does not] indicate that Tortfeasor was cited for [________________________________] under Nebraska Revised Statutes § [________________________________].

Contributing factors noted in report:

☐ Failure to yield right of way (Neb. Rev. Stat. § 60-6,146)
☐ Following too closely (Neb. Rev. Stat. § 60-6,140)
☐ Improper lane change (Neb. Rev. Stat. § 60-6,139)
☐ Running red light/stop sign (Neb. Rev. Stat. § 60-6,119)
☐ Excessive speed (Neb. Rev. Stat. § 60-6,185)
☐ Distracted driving / Texting while driving (Neb. Rev. Stat. § 60-6,179.01)
☐ DUI (Neb. Rev. Stat. § 60-6,196)
☐ Reckless driving (Neb. Rev. Stat. § 60-6,213)
☐ Willful reckless driving (Neb. Rev. Stat. § 60-6,214)
☐ Failure to signal
☐ Other: [________________________________]

D. Witness Information

E. Scene Evidence

☐ Photographs of the accident scene
☐ Photographs of vehicle damage
☐ Video/dashcam footage
☐ Surveillance camera footage
☐ Traffic signal/camera data
☐ Skid mark measurements
☐ Accident reconstruction report
☐ Weather and road condition reports (NDOT records)
☐ Property damage estimates/repair records
☐ Event data recorder (EDR/"black box") data

IV. LIABILITY ANALYSIS

A. Nebraska Negligence Standard

Under Nebraska law, negligence is the doing of something which a reasonably prudent person would not do, or the failure to do something which a reasonably prudent person would do, under the same or similar circumstances. To recover, a plaintiff must prove: (1) the defendant owed a duty to the plaintiff to conform to a standard of conduct; (2) the defendant failed to conform to that standard; (3) a causal connection existed between the defendant's conduct and the plaintiff's injury; and (4) the plaintiff suffered damages. Cerny v. Cedar Bluffs Junior/Senior Pub. Sch., 262 Neb. 66, 79 (2001).

B. Tortfeasor's Negligence

Your insured was negligent in the following respects:

☐ Failed to maintain a proper lookout
☐ Failed to yield the right of way in violation of Neb. Rev. Stat. § [________________________________]
☐ Operated the vehicle at an excessive speed in violation of Neb. Rev. Stat. § 60-6,185
☐ Followed too closely in violation of Neb. Rev. Stat. § 60-6,140
☐ Failed to obey a traffic control device in violation of Neb. Rev. Stat. § 60-6,119
☐ Operated the vehicle while under the influence in violation of Neb. Rev. Stat. § 60-6,196
☐ Engaged in distracted driving/texting in violation of Neb. Rev. Stat. § 60-6,179.01
☐ Drove recklessly in violation of Neb. Rev. Stat. § 60-6,213
☐ Failed to use due care and caution under the circumstances
☐ Negligent maintenance of premises (premises liability)
☐ Other: [________________________________]

C. Nebraska Comparative Fault (Neb. Rev. Stat. § 25-21,185.09)

Nebraska compares the claimant's negligence with the total negligence of the persons against whom recovery is sought:

• If Claimant's negligence is less than that total, damages are reduced proportionately by Claimant's negligence
• If Claimant's negligence equals or exceeds that total, recovery is barred
• The trier of fact determines the percentage of fault attributable to each party

Directed Verdict Note: In Nebraska, if the evidence on negligence or contributory negligence is such that reasonable minds can draw but one conclusion, the court may direct a verdict on those issues as a matter of law.

Claimant bears no fault for this incident. The evidence establishes that Tortfeasor was solely responsible:

[________________________________]
[________________________________]
[________________________________]

D. Joint and Several Liability

Nebraska applies different rules depending on the type of damages:

• Non-economic damages: Several liability only — each defendant is liable only for the amount of non-economic damages allocated in direct proportion to that defendant's percentage of negligence
• Economic damages: Joint and several liability may apply to economic damages for defendants found jointly liable

V. INJURIES AND MEDICAL TREATMENT

A. Initial Emergency Treatment

Date: [__/__/____]
Facility: [________________________________] Hospital/Emergency Department
Treating Physician(s): [________________________________], M.D.

Chief Complaints Upon Presentation:

[________________________________]
[________________________________]

Emergency Diagnosis:

☐ Concussion / Traumatic brain injury (TBI)
☐ Cervical spine strain/sprain (whiplash)
☐ Thoracic spine strain/sprain
☐ Lumbar spine strain/sprain
☐ Herniated/bulging disc(s) at [________________________________]
☐ Fracture(s): [________________________________]
☐ Dislocation: [________________________________]
☐ Ligament tear(s): [________________________________]
☐ Meniscus/cartilage tear
☐ Rotator cuff tear
☐ Contusions/abrasions
☐ Lacerations requiring sutures
☐ Internal organ injury
☐ Rib fracture(s)
☐ Post-traumatic stress disorder (PTSD)
☐ Other: [________________________________]

Diagnostic Studies Performed:

☐ X-ray: [________________________________]
☐ CT Scan: [________________________________]
☐ MRI: [________________________________]
☐ Ultrasound: [________________________________]
☐ EEG/EMG/NCV: [________________________________]

Emergency Treatment Provided:

☐ Immobilization (cervical collar, splint, brace)
☐ Wound closure (sutures, staples, adhesive)
☐ Medications administered
☐ Admitted to hospital for [____] days
☐ Air ambulance transport to [________________________________]
☐ Discharged with prescriptions and follow-up instructions

B. Hospitalization (If Applicable)

C. Surgical Intervention (If Applicable)

D. Follow-Up Medical Treatment

Primary Care Physician:

• Name: [________________________________], M.D.
• Dates of Treatment: [__/__/____] through [__/__/____]
• Number of Visits: [____]
• Treatment Summary: [________________________________]

Orthopedic Specialist:

• Name: [________________________________], M.D.
• Dates of Treatment: [__/__/____] through [__/__/____]
• Number of Visits: [____]
• Treatment Summary: [________________________________]

Neurologist/Neurosurgeon:

• Name: [________________________________], M.D.
• Dates of Treatment: [__/__/____] through [__/__/____]
• Number of Visits: [____]
• Treatment Summary: [________________________________]

Pain Management:

• Name: [________________________________], M.D.
• Dates of Treatment: [__/__/____] through [__/__/____]
• Number of Visits: [____]
• Treatment Summary: [________________________________]
• Procedures: ☐ Epidural injections ☐ Facet joint injections ☐ Nerve blocks ☐ Trigger point injections ☐ Radiofrequency ablation ☐ Spinal cord stimulator

Chiropractic Care:

• Name: [________________________________], D.C.
• Dates of Treatment: [__/__/____] through [__/__/____]
• Number of Visits: [____]
• Treatment Summary: [________________________________]

Physical Therapy:

• Name/Facility: [________________________________]
• Dates of Treatment: [__/__/____] through [__/__/____]
• Number of Sessions: [____]
• Treatment Summary: [________________________________]

Psychological/Psychiatric Treatment:

• Name: [________________________________], [☐ Ph.D. ☐ Psy.D. ☐ M.D. ☐ LCSW ☐ LIMHP]
• Dates of Treatment: [__/__/____] through [__/__/____]
• Number of Sessions: [____]
• Diagnoses: ☐ PTSD ☐ Anxiety disorder ☐ Depression ☐ Adjustment disorder ☐ Other: [________________________________]

E. Current Condition and Prognosis

Claimant's current condition as of [__/__/____]:

☐ Claimant has reached Maximum Medical Improvement (MMI)
☐ Claimant continues to require ongoing medical treatment
☐ Claimant has permanent impairment rated at [____]% whole person

Permanent Restrictions/Limitations:

[________________________________]
[________________________________]

Future Medical Treatment Anticipated:

☐ Continued physical therapy: estimated [____] sessions at $[____] per session
☐ Additional surgery: [________________________________], estimated cost $[________________________________]
☐ Long-term pain management: estimated $[____] per year for [____] years
☐ Long-term medication: estimated $[____] per month
☐ Assistive devices/DME: $[________________________________]
☐ Home modification: $[________________________________]
☐ Future diagnostic imaging: $[________________________________]
☐ Life care plan prepared by [________________________________], estimated lifetime cost: $[________________________________]

VI. DAMAGES CALCULATION

A. Economic Damages (Past)

Note: Apply any claim-specific recovery limit before completing this demand, including § 13-926 for covered political-subdivision claims and § 44-2825 for covered medical claims.

B. Economic Damages (Future)

C. Non-Economic Damages

Claim the supported noneconomic loss, subject to any applicable claim-specific recovery limit, including § 13-926 or § 44-2825 when the claim falls under either act.

D. Collateral Source and Lien Considerations

Nebraska's common-law collateral-source rule generally prevents benefits from an independent source from reducing the wrongdoer's damages. A special credit for nonrefundable medical reimbursement insurance may apply to a covered Nebraska Hospital-Medical Liability Act claim under § 44-2819. Identify any lien or repayment obligation separately; do not reduce this demand merely because a listed benefit was paid. The following payments or potential liens require review:

E. Damages Summary

VII. INSURANCE COVERAGE ANALYSIS

A. Tortfeasor's Liability Coverage

Nebraska Minimum Requirements (Neb. Rev. Stat. § 60-509):

• $25,000 per person / $50,000 per accident (bodily injury)
• $25,000 property damage

B. Claimant's UM/UIM Coverage

☐ UM/UIM claim is being made or reserved
☐ UM/UIM claim is not applicable at this time

C. MedPay/Additional Coverage

VIII. POTENTIAL PREJUDGMENT INTEREST (Neb. Rev. Stat. § 45-103.02(1))

For an unliquidated personal-injury claim, prejudgment interest depends on a qualifying written settlement offer and the conditions in § 45-103.02(1). Section 25-1801 does not apply to personal-injury claims.

Key Provisions:

• Rate: The § 45-103 rate applicable to the judgment: two percentage points above the specified bond investment yield.
• Accrual period: From the first qualifying written settlement offer exceeded by the judgment until entry of judgment, if the statutory conditions are met; filing the complaint alone does not start this period.
• Offer conditions: The offer must allow judgment on its terms, be served by certified mail with return receipt requested at least ten days before trial, be filed with signed proof of delivery, and remain unaccepted before trial or for thirty days, whichever comes first.

If Claimant makes a qualifying offer and the judgment exceeds it, Claimant may seek interest for the statutory period. This demand letter alone does not establish compliance with every offer condition.

Projected prejudgment interest:

IX. PUNITIVE DAMAGES — NOT AVAILABLE IN NEBRASKA

Nebraska does not allow punitive or exemplary damages in civil actions. This is a well-established principle of Nebraska jurisprudence. Accordingly, no punitive damage claim is included in this demand.

Because punitive damages are unavailable, full compensatory damages — including substantial non-economic damages — are essential to fully and fairly compensate Claimant for the injuries, pain, suffering, and diminished quality of life caused by Tortfeasor's negligence.

X. SETTLEMENT DEMAND

A. Demand Amount

Based upon the injuries sustained, the medical treatment required, the economic losses incurred, the non-economic damages suffered, and all applicable provisions of Nebraska law — and recognizing that Nebraska does not permit punitive damages, making full compensatory recovery essential — Claimant hereby demands the sum of:

$[________________________________]

in full and final settlement of all liability claims against your insured arising from the [__/__/____] incident.

B. Demand Components

C. Response Deadline

This demand shall remain open for thirty (30) calendar days from the date of receipt. If your office fails to respond with a reasonable settlement offer within this period, Claimant will proceed with filing a civil action in the appropriate Nebraska District Court without further notice.

D. Settlement Conditions

Any settlement is contingent upon:

☐ Full payment of the demanded amount
☐ Release of Claimant's claims against Tortfeasor only
☐ No admission of liability clause acceptable
☐ Resolution of all applicable liens (Medicare, Medicaid, ERISA, health insurance subrogation)
☐ Resolution of collateral source/subrogation issues
☐ Other: [________________________________]

XI. RESERVATION OF RIGHTS

Claimant expressly reserves all rights, claims, and causes of action not specifically addressed in this demand, including but not limited to:

☐ Claims against additional tortfeasors or responsible parties
☐ UM/UIM claims against Claimant's own carrier
☐ Wrongful death claims (Neb. Rev. Stat. § 30-809), if applicable
☐ Claims for bad faith insurance practices
☐ Claims under the Nebraska Consumer Protection Act (Neb. Rev. Stat. § 59-1601 et seq.)
☐ Claims for additional damages discovered after this demand
☐ Any and all rights to proceed with litigation, including jury trial

NOTICE REGARDING STATUTE OF LIMITATIONS: This demand does not establish or toll a deadline. Counsel has classified the claim, verified the controlling accrual and tolling rules and any more-specific provision, and calculated the current filing deadline as [__/__/____]. If § 25-207(3) applies, its four-year category is limited to noncontract injury-to-rights claims not otherwise enumerated.

XII. ENCLOSED DOCUMENTS AND EXHIBITS INDEX

Medical Records and Bills

☐ Emergency room records and billing — [________________________________]
☐ Hospital admission/discharge records — [________________________________]
☐ Air ambulance records — [________________________________]
☐ Surgical records and operative reports — [________________________________]
☐ Primary care physician records — [________________________________]
☐ Orthopedic specialist records — [________________________________]
☐ Neurological records — [________________________________]
☐ Pain management records — [________________________________]
☐ Chiropractic records — [________________________________]
☐ Physical therapy records — [________________________________]
☐ Psychological/psychiatric records — [________________________________]
☐ Diagnostic imaging reports (X-ray, MRI, CT) — [________________________________]
☐ Prescription records/pharmacy printout — [________________________________]
☐ Medical bills summary — [________________________________]
☐ Life care plan — [________________________________]

Liability/Investigation Documents

☐ Police/crash report — Report #[________________________________]
☐ Photographs of accident scene
☐ Photographs of vehicle damage
☐ Photographs of injuries
☐ Witness statements
☐ Accident reconstruction report
☐ Video/dashcam footage (available upon request)
☐ Traffic citation(s)
☐ NDOT road condition/weather data

Income/Employment Documentation

☐ Employer verification of lost wages letter
☐ Tax returns ([____], [____], [____])
☐ Pay stubs (pre-accident and post-accident)
☐ Farm/agricultural income documentation
☐ Vocational assessment/rehabilitation report
☐ Disability determination

Insurance Documentation

☐ Declarations page — Tortfeasor's policy
☐ Declarations page — Claimant's UM/UIM policy
☐ Health insurance Explanation of Benefits (EOBs)
☐ Medicare/Medicaid conditional payment letter
☐ ERISA lien documentation
☐ Workers' compensation records (if applicable)

Other

☐ Letter of representation
☐ HIPAA authorization
☐ Signed medical releases
☐ Property damage estimate/repair invoice
☐ Rental car receipts
☐ Other: [________________________________]

XIII. SIGNATURE AND CERTIFICATION

I certify that the information provided in this demand letter is true and accurate to the best of my knowledge and belief, based upon the medical records, documentation, and information obtained during our investigation of this matter.

Respectfully submitted,

______________________________________

[________________________________], Esq.
Attorney for Claimant
Nebraska State Bar Number [________________________________]
[________________________________] (Firm Name)
[________________________________] (Address)
[________________________________], Nebraska [____]
Tel: ([____]) [____]-[________]
Fax: ([____]) [____]-[________]
Email: [________________________________]

Date: [__/__/____]

XIV. SOURCES AND REFERENCES

Nebraska Statutes

• Neb. Rev. Stat. § 25-207(3) — four-year residual category for noncontract injury to rights not otherwise enumerated
• Neb. Rev. Stat. § 45-103.02(1) — Prejudgment interest on unliquidated claims
• Neb. Rev. Stat. § 45-103 — Applicable interest rate
• Neb. Rev. Stat. § 25-21,185.07 — Comparative Fault; Applicability
• Neb. Rev. Stat. § 25-21,185.09 — Comparative Fault; 50% Bar
• Neb. Rev. Stat. § 30-809 — Wrongful Death Actions
• Neb. Rev. Stat. § 30-810 — Wrongful Death Statute of Limitations (2 Years)
• Neb. Rev. Stat. § 44-2825 — Hospital-Medical Liability Act Recovery Limit: https://nebraskalegislature.gov/laws/statutes.php?statute=44-2825
• Neb. Rev. Stat. § 13-926 — Political Subdivisions Tort Claims Act Recovery Limit: https://nebraskalegislature.gov/laws/statutes.php?statute=13-926
• Nebraska collateral-source rule — Strasburg v. Union Pacific RR. Co., 286 Neb. 743 (2013); § 44-2819 credit for covered hospital-medical liability claims
• Neb. Rev. Stat. § 60-509 — Motor Vehicle Financial Responsibility Minimums
• Neb. Rev. Stat. § 60-6,196 — DUI Offenses

Key Nebraska Cases

• Cerny v. Cedar Bluffs Junior/Senior Pub. Sch., 262 Neb. 66 (2001) — Elements of negligence

Nebraska Resources

• Nebraska Legislature: https://nebraskalegislature.gov
• Nebraska Judicial Branch: https://supremecourt.nebraska.gov
• Nebraska Department of Insurance: https://doi.nebraska.gov