Nebraska Burn Injury Process

Nebraska State Court System

  • County Court: The county courts handles civil cases involving an amount in controversy of $53,000 and less.
  • District Court: These courts have concurrent jurisdiction with county courts in many cases, but also have jurisdiction over civil cases with an amount in controversy of more than $53,000. The District Court can also hear some appeals from the county courts.
  • Court of Appeals:The Court of Appeals is the court of general appellate jurisdiction. It hears all civil cases on appeal from the district or county courts.
  • Supreme Court of Nebraska: The Supreme Court is the court of last resort in Nebraska, and can decide whether to hear appeals from the Court of Appeals upon petition.

*Some of the courts in the Nebraska Court System also have jurisdiction over other proceedings which are not covered here.


In the beginning stages of a lawsuit legal documents called pleadings are filed. To initiate the lawsuit, the plaintiff files a pleading called a Complaint which sets forth one or more causes of action against the defendant(s) named in the Complaint. After the Plaintiff files the Complaint and properly serves the Complaint on the Defendant(s), the Defendant(s) then have 30 days from the date of service to file a pleading called an Answer. The Defendant(s)’ Answer will respond to each of the causes of action in the Plaintiff’s Complaint and set forth any defenses, cross claims and/or counter claims the Defendant(s) will raise.


After all parties to the lawsuit have filed pleadings, the case then proceeds to Discovery. Essentially, the discovery process is a fact-finding and investigative endeavor in which each party gathers information and evidence from opposing parties and/or non-party witnesses. While the discovery process includes a variety of other mechanisms used to gather information, it will generally consist of the following:

  • Written Discovery: is generally used at the start of discovery and comes in two basic forms:

    • Interrogatories – Formal questions and/or requests for information served on one party by an opposing party. The party served with interrogatories must provide written responses to each of the interrogatories or respond with an objection to the interrogatory.
    • Requests for Production of Documents – Often served with a set of interrogatories, requests for production of documents are formal requests for certain documentation relevant to the claims and defenses raised in the pleadings.
  • Depositions: In a deposition, either a party to the lawsuit or a non-party witness will provide oral testimony under oath and in the presence of a court reporter who makes a written record of everything said during the deposition.

Alternative Dispute Resolution

In Nebraska, any district court judge may refer a case to mediation when the judge finds that the nature of the case and the amount in controversy, together with the information available regarding the possibility of settlement make resolution of the case by mediation a practical possibility.

When a case has been selected by a judge as appropriate for mediation, he will contact counsel to suggest mediation and provide information. Alternatively, counsel and such parties may confer with one another regarding mediation. If any of the parties is unable to pay the expenses of mediation, counsel for that party may apply to the judge for approval to incur mediation expenses reimbursable from the Federal Practice Fund.

Prior to the mediation session the mediator may request or require counsel and/or the parties to supply him with information about the case, including material documents, exhibits and statements concerning the dispute and any prior attempts to resolve it. The parties may be required to engage in settlement negotiations prior to the mediation session and to report to the mediator on such negotiations.

The mediator shall conduct an orderly settlement negotiation with the parties and their counsel, helping the parties identify issues, generate options, and propose solutions to the dispute.

Further, the mediator may discuss with counsel their views on the likelihood of success at trial, their views on the amounts of any possible or expected recovery, their assessment of strengths and weaknesses of each side’s legal positions, and their assessment of each side’s non-legal interests applicable in the dispute.


If the parties have not reached a settlement through mediation or otherwise, at the conclusion of discovery, the case then proceeds to trial. Depending on the complexity of the case, a trial can take as little as a single day or as long as several weeks to complete. At the conclusion of a typical civil trial, the jury will return a verdict for the plaintiff and award money damages to the plaintiff or the jury will return a verdict for the defendant finding that the defendant was not at fault.

Motions and Appeals

After a final judgment is entered, the party wishing to appeal must file a notice of appeal with the Office of the Clerk of the County Court within 30 days after the entry of the final judgment.


A judgment rendered in Nebraska is valid for 5 years.


The law firm of Walker Morgan is located at 135 E Main St., Lexington, SC 29072. All lawyers at Walker Morgan are licensed to practice law in the State of South Carolina. Should you wish to retain our firm for legal representation regarding a potential case in any other jurisdiction we are required to associate local counsel in that foreign jurisdiction and seek permission from a court of the foreign jurisdiction to temporarily engage in the practice of law therein for purposes of pursuing your potential claim only.

By offering the following information the lawyers at Walker Morgan are not offering legal advice or legal guidance. The lawyers at Walker Morgan are not licensed to practice law in Nebraska. Should you have a question/concern specific to Nebraska law, please contact an attorney licensed to practice law in the State of Nebraska.