Nebraska Asbestos & Mesothelioma Lawsuits: Deadlines, Claims, and Legal Options

From the power plants of Grand Island to the industrial facilities of Omaha, Nebraska's agricultural and industrial development has left a legacy of asbestos exposure across the Cornhusker State. Our comprehensive database documents 629 asbestos exposure sites across 111 Nebraska communities—from the Municipal Power Plant in Grand Island to the Union Pacific Railroad facilities, and from the Nebraska Public Power District operations to the industrial facilities that supported the state's agricultural economy. Nebraska's industrial heritage includes countless worksites where employees encountered asbestos-containing materials.

Nebraska offers a favorable legal framework for mesothelioma families with several strong protections. The state provides a four-year filing deadline from diagnosis—longer than most states—uses modified comparative fault that allows recovery if you're less than 50% at fault, has no caps on damages, and maintains joint liability for economic damages. Nebraska's courts understand the challenges of proving long-latency diseases and have established precedents that protect workers' rights.

Time is on your side in Nebraska. The state's four-year discovery rule means your family has until 2028 to file if diagnosed in 2024. This generous timeline provides crucial opportunity for thorough investigation and case development, though Nebraska's 10-year statute of repose for product liability claims requires careful legal analysis to preserve all potential recovery sources.

This page is part of our broader mission. I started this firm after learning that the cancers that killed my father and grandparents were caused by asbestos—something we didn't realize until it was too late to hold anyone accountable. That experience is why we built this site: to make sure no other family misses their chance.

— Firm Founder, Justinian Lane

If you’re trying to make sense of complex legal and medical terms, our Asbestos Lexicon explains the terminology in plain English. For a deeper understanding of how mesothelioma lawsuits actually work—from proving liability to calculating damages—visit our Complete Guide to Mesothelioma Lawsuits.

Free Case Review | No Fees Unless We Win | Call 833-4-ASBESTOS

Nebraska Asbestos Law Summary

Nebraska Asbestos Law Details

Nebraska provides a structured but plaintiff-friendly legal framework for asbestos and mesothelioma claims, particularly through its discovery-based filing rules and allowance for full recovery of damages. The state applies a four-year discovery statute of limitations, a 10-year product liability statute of repose, and a two-year deadline for wrongful death claims. While Nebraska permits full economic and noneconomic recovery with no damage caps, it does not allow punitive damages. Workers’ compensation bars lawsuits against employers, but third-party claims remain viable, and Nebraska's joint liability rules vary depending on the type of damages.

Statutes of Limitations and Repose

Nebraska law gives asbestos claimants a favorable discovery rule. Under Neb. Rev. Stat. § 25-224, personal injury or wrongful death claims arising from asbestos exposure must be brought within four years of the date the injured person:

• Is informed by medical professionals of the disease, or

• Discovers, or reasonably should have discovered, the facts leading to knowledge of the asbestos-related injury.

This makes Nebraska relatively plaintiff-friendly for long-latency diseases like mesothelioma.

However, product liability cases in Nebraska are also governed by a 10-year statute of repose, running from the date the product was first sold or leased (even if exposure or injury occurs later).

For wrongful death claims, the general two-year statute under Neb. Rev. Stat. § 30-810 applies from the date of death.

Eligibility to Sue

People diagnosed with mesothelioma or other asbestos-related diseases may bring personal injury suits. After death, the personal representative of the decedent’s estate may file a wrongful death claim on behalf of the widow/widower and next of kin (§ 30-810). Claims for loss of comfort, society, and companionship are considered pecuniary losses and are compensable.

Nebraska also permits survival claims under § 25-1401, allowing recovery for damages suffered before death, including pain and suffering, medical costs, and lost wages.

Workers’ Compensation Limitations

Under Nebraska’s Workers’ Compensation Act (§ 48-101 et seq.), claims against an employer for work-related asbestos exposure are barred if the employee accepts workers’ compensation benefits (§ 48-148).

However, injured workers may pursue third-party lawsuits against non-employer defendants such as manufacturers or contractors. The employer is entitled to subrogation for any benefits paid and must be joined in the lawsuit (§ 48-118).

Damages and Caps

• Economic damages: Fully recoverable for all medical expenses, lost wages, and financial losses.

• Noneconomic damages: No statutory caps apply to asbestos cases.

• Punitive damages: Not permitted under Nebraska law (O’Brien v. Cessna Aircraft Co., 903 N.W.2d 432 (Neb. 2017)).

Medical expense awards are calculated using the private party rate, not the discounted amount paid by Medicare or Medicaid (Neb. Rev. Stat. § 52-401).

Comparative Fault and Joint Liability

Nebraska applies a modified comparative fault rule. If a plaintiff is equal to or more than 50% at fault, recovery is barred (§ 25-21,185.09). If the plaintiff is less than 50% at fault, damages are reduced proportionally.

Nebraska maintains joint and several liability for economic damages only. For noneconomic damages (e.g., pain and suffering), each defendant is liable only for their proportional share unless they acted in concert or under a common plan (§ 25-21,185.10).

Collateral Source Rule

Nebraska limits the collateral source rule. Defendants may introduce evidence of actual amounts paid for medical services (rather than the full billed amount), unless the payments came from social-legislation sources like Medicaid or Medicare, which are not admissible to reduce damages (Fickle v. State, 759 N.W.2d 113 (2007)).

Standards of Proof and Causation

Nebraska uses a traditional negligence standard requiring plaintiffs to show the defendant breached a duty of care and proximately caused the injury (Doe v. Gunny’s Ltd. P’ship, 593 N.W.2d 284 (1999)).

To prove causation, plaintiffs must establish that:

1. But-for the defendant’s conduct, the injury would not have occurred.

2. The injury was the natural and probable result of the conduct.

3. No efficient intervening cause broke the chain of causation.

Expert testimony is typically required in asbestos cases involving medical or scientific issues beyond lay understanding (Pitts v. Genie Indus., Inc., 921 N.W.2d 597 (Neb. 2019)).

How Nebraska Law Works in Practice

Meet Dennis, a 71-year-old retired machinist from North Platte. From the 1970s through the 1990s, Dennis worked in industrial facilities where he routinely cleaned and maintained equipment insulated with asbestos. In April 2024, after experiencing persistent coughing and weight loss, he was diagnosed with pleural mesothelioma.

Because Nebraska applies a discovery-based statute of limitations, Dennis’s four-year filing clock began in April 2024, when he first learned both of his diagnosis and its connection to asbestos exposure (Neb. Rev. Stat. § 25-224). He has until April 2028 to file a personal injury lawsuit.

However, Dennis’s legal team must also consider Nebraska’s 10-year product liability statute of repose, which bars claims filed more than 10 years after the asbestos-containing product was first sold or leased. If a product installed in the 1970s or 1980s is implicated, and no fraud or concealment occurred, certain claims may be time-barred—even if Dennis only recently became ill. The statute of repose can be a serious obstacle for asbestos plaintiffs unless exceptions apply (§ 25-224).

If Dennis passes away before filing, his estate may bring a wrongful death claim within two years of his death (§ 30-810), and a survival action for the pain and suffering and medical expenses he incurred before passing (§ 25-1401).

Because Dennis was exposed on the job, he cannot sue his former employer if he accepted workers’ compensation benefits—Nebraska’s Workers’ Compensation Act makes that the exclusive remedy (§ 48-148). However, he may file civil lawsuits against third parties, such as the manufacturers of asbestos-containing products. If his employer paid benefits, they have a subrogation right and must be joined in the lawsuit (§ 48-118).

To succeed, Dennis’s attorneys must prove that each defendant’s product was a proximate cause of his illness. Nebraska requires showing that the exposure was both a but-for cause and a natural and probable result of the defendant’s conduct. Expert medical and exposure testimony will likely be required (Doe v. Gunny’s Ltd. P’ship; Pitts v. Genie Industries).

Nebraska applies a modified comparative fault rule: if Dennis is found 50% or more at fault—for example, if the jury believes he ignored safety precautions—he is barred from recovering damages (§ 25-21,185.09). If he’s found less than 50% at fault, his compensation is reduced accordingly.

If he prevails, Dennis may recover full economic and noneconomic damages, including lost wages, medical bills, and pain and suffering. But punitive damages are not allowed in Nebraska (O’Brien v. Cessna Aircraft Co.).

When calculating medical expenses, Nebraska courts allow recovery based on the private party rate—not the lower amounts paid by Medicaid or Medicare (§ 52-401). While defendants can usually introduce evidence of what was actually paid for treatment, payments from social legislation sources like Medicare are excluded from that analysis (Fickle v. State).

This is a hypothetical example based on real Nebraska law. Every case is different. If you or a loved one has been diagnosed with mesothelioma, call 833-4-ASBESTOS to find out how Nebraska law may apply to your situation.

Why Choose Our Firm to Handle Your Family's Nebraska Mesothelioma Case?

Our proprietary database contains detailed records of 629 asbestos exposure sites across 111 Nebraska communities—from Omaha's industrial facilities to Grand Island's power plants and railroad operations. While other firms spend months investigating your exposure history, we often know within days which companies owe you compensation.

The Result? Faster trust claims, stronger lawsuits, and maximum recovery for your Nebraska family—because we've already done much of the detective work your case requires.

Learn more about our firm and our database

Nebraska Database Highlights:

If you or someone in your family has been diagnosed with mesothelioma or another asbestos-related disease, our firm can begin helping your family today. Here's how:

Asbestos Trust Claims

Hundreds of companies have set aside billions specifically for asbestos victims. These claims often resolve faster than lawsuits and don't require going to court. Our Nebraska database contains detailed records of which trust-affiliated companies supplied materials to sites across the state—from Grand Island's Municipal Power Plant to industrial facilities throughout Nebraska.

For example, if you worked at the Municipal Power Plant facilities where Combustion Engineering equipment was used, we can file your Combustion Engineering Asbestos Trust claim immediately, potentially recovering $75,000 to $400,000 for mesothelioma cases.

Asbestos Lawsuits

You can hold companies accountable through Nebraska's favorable court system. Our database strengthens your case with documented evidence and court precedents from Nebraska worksites. We don't just argue you were exposed—we can cite specific depositions and trial records that already established liability at facilities like power plants and industrial sites throughout Nebraska.

Our database contains detailed records from Nebraska's industrial sites, including testimony about which defendants' products were used in power generation, railroad operations, and agricultural processing. This gives us crucial evidence about product failures and safety violations specific to Nebraska's industrial environment.

Asbestos Disability Claims

Both Social Security and VA benefits provide monthly income while you pursue other compensation options. These are benefits you've already earned, and our records help identify exposure sources that support disability claims. Nebraska's railroad and agricultural industry history means many residents have multiple potential exposure sources.

Our records are especially valuable for workers in Nebraska's power generation, railroad, and agricultural industries, helping prove exposure that gets disability claims approved faster.

Learn more about the legal options available to your family

Ready to Pursue Your Nebraska Mesothelioma Case?

Whether you were exposed to asbestos at Grand Island's power facilities, Union Pacific Railroad operations, or any of Nebraska's documented exposure sites, our experienced mesothelioma team is ready to fight for your rights within Nebraska's favorable legal framework.

Why Nebraska's Laws Favor Your Family:

• Four-year filing deadline from diagnosis—longer than most states provide

• Modified comparative fault allows recovery if you're less than 50% at fault

• No caps on damages mean full recovery for all economic and non-economic losses

• Joint liability for economic damages protects against bankrupt defendants

• Favorable medical billing rules maximize recovery for treatment costs

What We'll Do for Your Nebraska Family:

• Comprehensive case evaluation leveraging Nebraska's generous four-year filing window

• Immediate trust claim filings using our proprietary database of Nebraska exposure sites

• Strategic lawsuit preparation designed around Nebraska's comparative fault and joint liability rules

• Expert navigation of Nebraska's statute of repose to preserve all potential claims

Get started today. Our Nebraska mesothelioma team understands both the Cornhusker State's agricultural and industrial history and Nebraska's favorable legal environment for asbestos victims, and we're ready to put that expertise to work for your family.

Free Case Review | No Fees Unless We Win | Call 833-4-ASBESTOS