Nebraska Comparative Fault Calculator (50% Bar)

Nebraska uses the stricter version of modified comparative fault — an exact tie at 50% eliminates your recovery, not just crossing above it. See where you land.

Modified comparative fault, 50% bar (stricter version) FigureMyTax Editorial Team Free · no sign-up

Where does your fault percentage land?

Enter your estimated damages and your best estimate of your own share of fault. In Nebraska, hitting exactly 50% is already enough to lose everything.

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Nebraska's rule: barred at an exact tie

Under Neb. Rev. Stat. § 25-21,185.09, Nebraska follows the stricter version of modified comparative fault, sometimes called a "50% bar." A claimant whose own fault is equal to or greater than the defendant's fault — not only when it exceeds it — is completely barred from recovery.

The genuinely important distinction from a 51% bar

This is a real, meaningful difference from the more common 51%-bar rule used in many neighboring states. In a 51%-bar state, a claimant found exactly 50% at fault still recovers half of their damages, because their fault wasn't greater than the defendant's. In Nebraska, that same exact 50/50 finding results in zero recovery, because the claimant's fault was equal to the defendant's — and equal is already enough to bar the claim under Nebraska's stricter standard.

Worked example

Someone with $100,000 in damages, found 30% at fault, recovers $70,000. That same person, found 49% at fault, still recovers $51,000. But found at exactly 50% — the precise tie — that same person recovers nothing at all under Nebraska's rule.

Why the line sits one point earlier here

Because Nebraska draws its bar at equal fault rather than requiring the claimant's fault to actually exceed the defendant's, a disputed case sitting right around the midpoint carries genuinely higher stakes in Nebraska than in a neighboring 51%-bar state. A fault finding that would still pay out meaningfully just across certain state lines can mean a complete loss in Nebraska.

A separate cap worth knowing: medical malpractice damages

Apart from the comparative fault analysis itself, Nebraska caps total damages in a medical malpractice case at $2.25 million — a limit that applies on top of, not instead of, the fault-percentage reduction.

Nebraska comparative fault — frequently asked questions

Does Nebraska use a 50% or 51% bar for comparative fault?

A 50% bar — the stricter version. Under Neb. Rev. Stat. § 25-21,185.09, a claimant whose fault equals the defendant's, not only exceeds it, is barred from recovery.

What happens if I'm found exactly 50% at fault in Nebraska?

You recover nothing. Nebraska bars recovery once the claimant's fault is equal to or greater than the defendant's combined fault — an exact tie eliminates the claim.

How is Nebraska's 50% bar different from a 51% bar used in many other states?

A 51%-bar state still allows recovery at an exact 50/50 split, since the claimant's fault must exceed the defendant's. Nebraska's 50% bar eliminates recovery at that same exact tie.

Is Nebraska's 50% bar more common or less common nationally?

Less common. A larger group of states use the more forgiving 51% threshold, while Nebraska is among roughly a dozen states using the stricter 50% version.

Does Nebraska impose any caps on medical malpractice damages?

Yes. Nebraska caps total medical malpractice damages at $2.25 million, separate from the comparative fault analysis itself.

This calculator provides an estimate for general guidance only and is not legal advice. Figures are based on Nebraska statute (Neb. Rev. Stat. § 25-21,185.09, § 44-2825) verified per our methodology. Confirm how these rules apply to a specific claim with a licensed Nebraska attorney before acting.