Spinal Cord Injury Claims in Nebraska: Your Legal Rights After a Serious Accident
A spinal cord injury can permanently change every aspect of a person’s life, affecting mobility, sensation, independence, and livelihood. When that injury results from another party’s negligence, Nebraska law gives the injured person the right to pursue compensation that reflects the full scope of the impact, both now and for years to come.
An Omaha spinal cord injury attorney can help pursue that compensation and navigate the legal complexities these cases often involve. This support can help injured people and their families make informed decisions about their next steps.
Understanding Spinal Cord Injuries and Their Legal Significance
A
spinal cord injury occurs when trauma to the spine disrupts the neural pathways that carry signals between the brain and the body below the injury site. Depending on the location and severity of the injury, the effects range from partial loss of sensation or motor function to complete paralysis. SCI classifications distinguish between complete and incomplete injuries. A complete injury generally involves no preserved sensory or motor function in the lowest sacral segments, while an incomplete injury involves some preserved function, including sacral sparing.
The Nebraska Medical Center and UNMC in Omaha provide specialized spinal cord injury rehabilitation services for patients from across Nebraska and the region. Common causes of traumatic spinal cord injuries include vehicle crashes, serious falls,
workplace accidents, sports injuries, and acts of violence. The medical documentation generated during acute care and rehabilitation at UNMC or similar facilities becomes central evidence in an SCI injury claim.
Common Causes of Spinal Cord Injuries in Nebraska
Vehicle crashes are the leading cause of traumatic spinal cord injuries nationally. High-speed crashes, rollover accidents, and collisions with commercial trucks on Nebraska's interstate corridors can produce the sudden violent forces needed to fracture or dislocate vertebrae and damage the spinal cord. Falls from heights are the second most common cause and are particularly relevant for
construction workers at Omaha area job sites and agricultural workers in the surrounding counties.
Workplace accidents can cause serious spinal cord injuries, particularly in construction, agriculture, and industrial settings. An injured employee may qualify for workers’ compensation benefits, which generally serve as the exclusive remedy against the employer for a covered workplace injury. A separate claim may also be available against a negligent third party, such as a contractor, property owner, or equipment manufacturer.
The Full Scope of Damages in a Nebraska SCI Claim
The financial impact of a spinal cord injury extends far beyond initial hospitalization. An Omaha spinal cord injury attorney may work with medical specialists, life care planners, vocational specialists, and economists when appropriate. These professionals can help document future care needs, reduced earning capacity, and other long-term effects of the injury.
Medical damages in a serious SCI case typically include acute hospitalization, spinal surgery, intensive care, inpatient rehabilitation, outpatient physical and occupational therapy, specialized medical equipment such as wheelchairs and assistive devices, home health care, and the cost of future medical care over the injured person's lifetime. Life care plans prepared by qualified professionals project these costs across the injured person's expected lifespan and serve as a foundation for the damages calculation.
Lost earnings and earning capacity can represent a substantial portion of a serious SCI claim, particularly for younger workers who would have had decades of remaining working years. A vocational expert can document the injured person's pre-injury earning history and project what they would have earned, and an economist can calculate the present value of those future losses.
Establishing Liability in an SCI Case
A negligence claim generally requires proof of duty, breach, causation, and damages. In vehicle crash cases, reconstruction specialists may help explain how the collision occurred and identify actions that contributed to it. In construction cases, safety records, site plans, and contractor agreements may provide important evidence. Product liability claims follow different legal standards and may require proof that defective equipment caused or contributed to the injury.
Nebraska’s comparative negligence standard under Neb. Rev. Stat. § 25-21,185.09 may affect an SCI claim. An injured person’s damages may be reduced according to their share of fault, and recovery may be barred if their negligence equals or exceeds the combined negligence of the parties they are suing. A careful investigation can help address disputes over fault.
The Importance of Early Legal Action in SCI Cases
The statute of limitations for most Nebraska personal injury claims is four years under Neb. Rev. Stat. § 25-207. However, the urgency in SCI cases is not primarily about the legal deadline. It is about evidence. Crash sites are cleaned. Construction sites are modified or demolished. Medical records are harder to obtain as time passes. Equipment involved in an accident may be repaired or replaced.
An Omaha spinal cord injury attorney can begin preserving evidence immediately, retain the right expert witnesses, and start building the life care plan and vocational assessment needed to support a complete damages presentation. These preparations take months, and cases that are investigated early are consistently better prepared than those assembled under time pressure.
FAQ: Spinal Cord Injury Claims in Omaha and Nebraska
Can I file both a workers' compensation claim and a lawsuit after an SCI at work?
Yes, in many cases. If a third party, such as a contractor or equipment manufacturer, contributed to your injury, you may file a workers' compensation claim against your employer and a civil lawsuit against that third party simultaneously.
What if I already received some workers' comp benefits - can I still sue a third party?
Yes. Workers' compensation benefits do not bar a third-party civil claim. Your comp insurer may assert a subrogation lien on any civil recovery. An attorney can advise you on how that works.
How are future medical costs calculated in an SCI case?
A life care planner, typically a registered nurse or rehabilitation specialist with specific training, prepares a detailed projection of the medical goods and services you will need over your lifetime and their current and projected costs. An economist then converts those future costs to present value.
What if my SCI was incomplete - does that reduce my claim value?
An incomplete SCI can still cause substantial disability and loss. The claim value depends on the actual impact on your life, function, and earning capacity, not on a classification label.
How long does it take to resolve an SCI case in Nebraska?
SCI cases are among the most complex personal injury cases and may take two to three years or more to fully resolve, particularly when the case proceeds to trial in Douglas County District Court. An attorney can provide a more specific projection based on your circumstances.
What if the responsible party is underinsured?
Your own underinsured motorist coverage may be available in vehicle accident cases. In construction and product liability cases, other responsible parties or insurance policies may be available. An attorney can identify all sources of potential recovery.
Do I have to go to court?
Many SCI cases resolve through negotiated settlements. However, insurers for catastrophic injury claims sometimes require litigation to produce a fair resolution. Your attorney can advise on the likely path in your case.
Speak With a Nebraska Personal Injury Attorney
If you or a family member suffered a spinal cord injury in Omaha, Sarpy County, or anywhere in Nebraska, contact Harris & Associates, P.C., L.L.O. at (402) 397-1202 for a free consultation with an
Omaha personal injury attorney who can evaluate your options.
Last reviewed: July 2026
This post was reviewed by James E. Harris, licensed in Nebraska since 1986.
This blog post is for informational purposes only and does not constitute legal advice. Reading this post does not create an attorney-client relationship. If you have been injured, contact a licensed Nebraska attorney to discuss your specific situation.
| Damage Component | Description | Expert Required |
|---|---|---|
| Lifetime medical expenses | Hospitalization, surgery, rehab, home care, equipment | Life care planner, medical expert |
| Lost earnings to date | Wages missed from injury to present | Pay records, employer documents |
| Future lost earning capacity | Reduced ability to work over remaining career | Vocational expert, economist |
| Home modification | Wheelchair ramps, accessible bathroom, widened doorways | Construction estimator, life care planner |
| Personal care assistance | Daily attendant care costs over lifetime | Life care planner |
| Pain and suffering | Physical pain, emotional distress, loss of enjoyment of life | Testimony, medical records |
Hire Our Personal Injury Attorney Based in Omaha, NE
Call Harris & Associates, P.C, L.L.O today
serving Omaha, NE and surrounding areas
Thank you for visiting the website of Harris & Associates, P.C, L.L.O Our experienced personal injury law firm represents clients in and around Omaha, NE. Our focus areas include truck and semitruck collisions, workplace injuries, workers' compensation, brain injuries and product liability and neglect. We can also represent clients for a variety of other legal matters.
Please use the form on this page to schedule an appointment. Or you can call (402) 397-1202 to speak with someone directly.
Email Us Today
Contact Form
Harris & Associates, P.C, L.L.O
Our Location
13625 California Street, Omaha, Nebraska 68154, United States
Call Us:
Hours:
- Mon - Fri
- -
- Sat - Sun
- Appointment Only











