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By Michael Shemtoub, trial attorney, Beverly Law. Updated November 2026.
Burned because of someone else?
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What to do after a burn in Nebraska
Fourth-degree burns go through both layers of skin into the tissue below, sometimes to muscle and bone, and they destroy nerve endings, so the area may have no feeling at all (Cedars-Sinai). Get any serious burn examined.
A few steps protect your claim. Keep the product or the clothing, unwashed, in a bag. Take photos as the injury heals. Write down what happened while you remember it, along with the names of people who saw it. Ask the business or landlord for an incident report, and do not give a recorded statement to an insurer before you get advice. To look for a lawyer yourself, the Nebraska State Bar Association offers a Find-A-Lawyer directory.
The deadline to file in Nebraska
Under Neb. Rev. Stat. § 25-207(3), an action for an injury to the rights of the plaintiff not arising on contract can only be brought within four years. That provision has been applied to personal injury negligence, which covers the usual burn case.
Professional negligence, including medical negligence, has its own clock in § 25-222: two years from the act, or one year from discovery if the claim could not reasonably have been discovered within those two years, with a 10-year repose. Ask a Nebraska lawyer whether any discovery rule helps an ordinary burn claim.
Government claims run on their own track (§ 13-919):
| Defendant | What the statutes require |
|---|---|
| Political subdivision, such as a county or city | Written claim to the governing body, filed with its clerk, secretary or records official, within 1 year after the claim accrues; lawsuit within 2 years (§§ 13-919, 13-905) |
| The State | Written claim to the Risk Manager within 2 years (§§ 81-8,212, 81-8,227) |
Suit deadlines are extended 6 months after final disposition or withdrawal of the claim.
How fault works in Nebraska
Nebraska bars a claimant whose contributory negligence is equal to or greater than the total negligence of all persons against whom recovery is sought (§ 25-21,185.09). Below that line, the award is reduced by the claimant’s share.
Take a patio fire pit with a leaking valve. The owner leans over it to light it and the gas flashes. The manufacturer argues the owner ignored the instructions. If the jury sees the owner’s carelessness as smaller than the maker’s, the owner recovers, minus that share. If the jury finds the owner’s negligence equal to the maker’s, the owner gets nothing. A single point of fault can decide a Nebraska burn case.
Free burn injury case review
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Damages and caps in Nebraska
Punitive damages are not allowed for state-law claims in Nebraska. They violate article VII, section 5 of the Nebraska Constitution, which sends fines and penalties to the schools, as held in Distinctive Printing & Packaging Co. v. Cox (1989) (Neb. Const. art. VII, § 5). The one exception is a federal 42 U.S.C. § 1983 claim brought in Nebraska state court (State ex rel. Cherry v. Burns, 1999).
Medical malpractice has a cap on total damages, not only noneconomic damages, under the Nebraska Hospital-Medical Liability Act (§ 44-2825). It applies to qualified providers who opt in.
| Item | Amount |
|---|---|
| Total cap, any occurrence after 12/31/2014 | $2,250,000 |
| Earlier tiers | $500k, $1M, $1.25M, $1.75M |
| Qualified provider’s own liability | $800,000, with the rest paid by the Excess Liability Fund |
| Inflation adjustment | None |
Burns at work in Nebraska
In Nebraska, filing a comp claim, accepting payment, making an agreement or submitting a question to the Compensation Court releases the employer from all claims at law arising from the injury (§ 48-148). The statute contains no exception for intentional injury. Talk to a Nebraska lawyer before you take a step that could count as a release.
When a third party, such as an equipment maker or a delivery driver, caused the burn, the employer is subrogated to the worker’s claim (§ 48-118). The worker may still sue in his or her own name, but an employer that paid comp must be made a party so it can be reimbursed. Any excess goes to the worker and is credited against future comp.
Burn centers in Nebraska
Nebraska has no ABA-verified burn center. The ABA directory lists one Nebraska center, in Lincoln.
| Center | City | Address | Phone | Patients |
|---|---|---|---|---|
| CHI Health St Elizabeth Burn Center, listed by the ABA (not verified) | Lincoln | 555 S 70th St, Lincoln, NE 68510 | (888) 877-2876 | Adult & Pediatric |
Source: American Burn Association, Find a Burn Center, directory checked November 2026.
ABA-verified centers in neighboring Iowa and Kansas:
| Center | City | Address | Phone | Patients |
|---|---|---|---|---|
| University of Iowa Health Care Burn Treatment Center, ABA-verified | Iowa City | 200 Hawkins Dr, Iowa City, IA 52242 | (800) 777-8442 | Adult & Pediatric |
| Ascension Via Christi Regional Burn Center, ABA-verified | Wichita | 929 N St Francis, Wichita, KS 67214 | (316) 268-5388 | Adult & Pediatric |
| The University of Kansas Health System Burnett Burn Center, ABA-verified | Kansas City | 4000 Cambridge St, Kansas City, KS 66160 | (913) 588-1227 | Adult |
Source: American Burn Association, Find a Burn Center, directory checked November 2026.
Who may be liable for a burn
Look past the obvious defendant. A landlord or property owner may have ignored a gas smell. A contractor hired by your employer may have welded near fuel. A product maker may be responsible when a heater or battery fails. Utilities enter the picture when a line or meter is involved, and restaurants when hot food or coffee is handed over badly.
How Beverly Law helps in Nebraska
Beverly Law is a California law firm whose attorneys are licensed in California and Washington. For burns that happen in Nebraska, it works with Nebraska-licensed attorneys through its referral network. Request a free case review and you will be connected with a burn injury attorney licensed in Nebraska, usually within one business day.
Related pages
- Burn injury lawyer · Burn injury law by state · Burn centers · Iowa burn injury law · Kansas burn injury law
This page is general information about Nebraska law, not legal advice, and reading it does not create an attorney-client relationship. Laws change; a lawyer licensed in Nebraska can tell you how they apply to your case.
Common questions
What is the deadline to sue for a burn in Nebraska?
Four years for most negligence claims under § 25-207(3). Claims against a political subdivision need a written claim within one year after the claim accrues and a lawsuit within two years. Claims against the State go to the Risk Manager within two years.
Can I get punitive damages for a burn in Nebraska?
Not on a state-law claim. Punitive damages contravene article VII, section 5 of the Nebraska Constitution and are not allowed (Neb. Const. art. VII, § 5). They are recoverable in Nebraska state court only on a federal claim under 42 U.S.C. § 1983.
I was partly at fault. Can I still recover?
Yes, if your negligence is less than the total negligence of those you sue. If your share is equal or greater, Nebraska bars recovery (§ 25-21,185.09). Otherwise, your damages are reduced by your share of fault.
Should I file a workers' comp claim after a burn at work?
Get advice first. In Nebraska, filing a comp claim or accepting payment releases the employer from all claims at law arising from the injury (§ 48-148). A claim against an outside company, like an equipment maker, can still go forward under § 48-118.
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Burn injury lawyer — Beverly Law
Burned in Nebraska because of someone else? A free case review connects you with a burn injury attorney licensed in Nebraska, usually within one business day.
Related pages
Sources
- nebraskalegislature.gov/laws/statutes.php
- nebraskalegislature.gov/laws/statutes.php
- nebraskalegislature.gov/laws/statutes.php
- nebraskalegislature.gov/laws/statutes.php
- nebraskalegislature.gov/laws/articles.php
- nebraskalegislature.gov/laws/statutes.php
- nebraskalegislature.gov/laws/statutes.php
- nebraskalegislature.gov/laws/statutes.php
- nefindalawyer.com/
- ameriburn.org/burn-care-team/resources/find-a-burn-center
- ameriburn.org/burn-care-team/resources/burn-centers/chi-health-st-elizabe
- ameriburn.org/burn-care-team/resources/burn-centers/iowa-healthcare-forme
- ameriburn.org/burn-care-team/resources/burn-centers/ascension-via-christi
- ameriburn.org/burn-care-team/resources/burn-centers/the-university-of-kan
- cedars-sinai.org/health-topics/classification-of-burns
Important: Attorney Advertising. This page is general information, not legal or medical advice, and reading it does not create an attorney-client relationship. Beverly Law is a California firm whose attorneys are licensed in California and Washington; for injuries in other states it works with attorneys licensed there through its referral network. Last reviewed: November 6, 2026.