The Legislature of Nebraska’s 2025 session has several bills pending that could adversely affect the rights of Nebraska citizens.
LB79
LB79, covered here in a previous blog post, would prevent injured parties from suing commercial truck carrier companies for direct negligence due to factors such as a lack of driver training, retention of a driver with a history of driving violations, poor truck maintenance and a variety of other bad business decisions by trucking companies leading to collisions and injuries.
LB199
LB199 would change the statute of limitations for personal injury claims from four years to two years. As one opponent to the bill stated, LB 199 is a “solution in search of a problem.” Changing the statute of limitation to two years is a bad idea because:
- Many victims are still treating injuries
- Negotiating period for cases shorted
- More cases would have to be filed in court
- Resources and judicial time wasted when deadlines have to be extended
- Research for cases starts at the beginning of claim no matter how long the statute of limitations extends, so information is not lost
- Victims do not want to worry about litigation deadlines when they are dealing with medical issues
LB199 would create more problems than it would solve.
LB205
LB205 proposes changes to how victims submit medical billing charges to courts (so defendants would benefit if a victim has insurance) and also caps non-economic damages in cases involving commercial motor vehicles in Nebraska to 1 million dollars.
Economic damages are quantifiable damages such as:
- Medical expenses
- Lost wages
- Loss of services at home
Non-economic damages include damages that are not easy to quantify, such as:
- Pain and suffering
- Emotional distress
- Loss of consortium
- Other intangible items
If you have been in a catastrophic collision with a semi-truck trailer, your life may be irrevocably altered. Non-economic damages are real and significant, especially in cases of severe injury or loss.
LB205 erodes constitutional rights to a jury trial. Juries award damages based on the specifics of each case, and Nebraska juries are not known for imposing ridiculous awards. We already have judges and appellate courts that can deal with the possibility of an excessive award.
This bill appears to be a part of a national campaign by trucking and insurance companies to limit liability.
LB455
LB455 is a bill that shows up almost every year. It is an attempt to limit who has access to 1st reports of Injury in workers’ compensation claims. The aim is to prevent injured workers from receiving information from attorneys – which is often the only way these employees learn about rights they have under Nebraska law.
Please contact your Nebraska state senator and ask them to vote against LB 79, 199, 205, and 455!
