Severity and the Pain & Suffering Multiplier

By the FigureMyTax Editorial Team · How we calculate

In Nebraska the multiplier is unconstrained for ordinary injuries. What limits it is how damages are collected across defendants.

What moves the multiplier

• Permanence. A fully healed fracture supports a lower multiplier than a lasting impairment.
• Future treatment. Ongoing therapy, surgery or medication pushes toward the high end.
• Disfigurement. Permanent visible changes tend to be valued more heavily.
• Daily life. Documented loss of work, activity or family care strengthens the case.
• Documentation. Records, a pain journal and photos make a higher multiplier easier to justify.

Ordinary claims: no ceiling

Outside malpractice, Nebraska has no generally applicable cap on damages and does not allow punitive damages, so the jury decides the figure.

A hybrid collection rule

Under Neb. Rev. Stat. 25-21,185.10, defendants are jointly and severally liable for economic damages, but for noneconomic damages each defendant pays only the percentage of negligence allocated to it. If a $300,000 pain and suffering award is split with a defendant found 40% at fault, that defendant owes $120,000 of it, while your medical bills can be collected from any liable defendant.

The 50% bar

Under 25-21,185.09, your recovery is reduced by your share of fault and barred entirely at 50% or more, so fault matters more than the multiplier.

Malpractice: all damages together

Against a health care provider, the $2.25 million cap covers economic and noneconomic damages combined, so a large economic loss leaves less room for pain and suffering.

Official sources

• Official source (nebraskalegislature.gov)
• Neb. Rev. Stat. § 13-926 — Political Subdivisions Tort Claims Act limits

This is general information, not legal advice, and the state comparisons above are illustrative, not an exhaustive survey. Confirm how Nebraska's rules apply to your specific case with a licensed Nebraska attorney.