How to Get Compensation After Truck Accident

Truck accidents can lead to devastating injuries, leaving you facing substantial medical bills, lost income, vehicle damage, and long-term physical and emotional effects. If another driver, trucking company, or other party caused the crash, you may be entitled to compensation for the losses you have suffered.

Our Nebraska truck accident lawyers help injured people pursue the financial recovery they need after serious commercial vehicle collisions in Omaha and throughout Nebraska. We investigate the accident, identify potentially liable parties, document your damages, and deal with insurance companies that may try to minimize what they pay. Knowing what compensation may be available and how Nebraska law affects your recovery can help you make informed decisions after a crash. Below, we explain the damages you may recover and other important factors that can affect a Nebraska truck accident claim.

Injured in a Nebraska truck accident? Reach out to a truck accident lawyer at Hauptman, O’Brien, Wolf & Lathrop, LLC. Call us at (402) 241-5020 or contact us online for a free consultation.

Who Is Responsible for Compensating Me After a Trucking Accident in NE?

Truck accident claims can be much more complex than some other auto accident situations. While the victim may have a claim against the truck driver individually, liability might also extend to additional corporate parties, including:

The driver’s employer
The company that owns and operates the truck fleet (if different from the employer)
The insurance provider(s) for the employer/carrier company
Governmental entities
The truck manufacturer
Other negligent drivers and their insurance providers

Depending on the circumstances, you might also have a claim against your own insurance provider (for example, you might file a claim under your underinsured motorist policy, if you have one).

Can I Be Compensated for Pain and Suffering? Is That the Same Thing as Medical Bills?

If you’ve been injured in a truck accident in Nebraska because of someone else’s negligence, you are entitled to reimbursement for all of the hospital bills, doctor bills, medication costs, and other medical expenses you incur as a result of the accident. This includes ambulance fees, medical imaging or radiology fees, laboratory and diagnostic fees, etc.

Beyond such reimbursement, you might also be entitled to compensation for your physical pain, mental anguish, and emotional distress. The courts in Nebraska recognize this kind of suffering, and even though such damages do not have a clearly demonstrable economic value, the court will do its best to assign a fair dollar amount to the plaintiff’s pain and suffering.

Part of our job as Omaha truck accident attorneys is to fight to maximize the dollar amount assigned to our clients’ pain and suffering damages — whether in settlement negotiations or at trial.

Every case is different, so the amount of money available depends on the facts and circumstances of the accident.

Can I Get Compensation for the Time I Miss from Work? What if I Lose My Job?

Compensation for truck accidents in Nebraska includes lost income due to time away from work. That includes work you’ve already missed and work you are likely to miss in the future as a direct result of the accident.

If the accident renders you unable to keep your job or stay in the same line of work, you may also be able to claim compensation for those losses, including the diminishment in your quality and enjoyment of life.

What Other Losses Can I Be Compensated for?

In addition to the various damages discussed above, compensation for truck accidents in Nebraska might also include:

Physical therapy, rehabilitation, and/or chiropractor visits
Counseling costs
Cosmetic and/or dental work to repair disfigurement
Emotional distress associated with a change in your appearance or abilities
Loss of consortium, if the accident makes it impossible for you to enjoy affection and sexual relations with your spouse in the same way
Property damage, including damage to your vehicle and any personal property inside the vehicle

Because every accident is different, you may be entitled to damages beyond those listed here. Likewise, some of the damages we have described in this article may not apply to your claim.

To get a better understanding of the specific damages that might be available in your individual legal matter, we encourage you to schedule a free case review with the Omaha truck accident attorneys at Hauptman, O’Brien, Wolf & Lathrop, LLC.

What Compensation Is Available to Relatives After a Fatal Truck Accident in NE?

Sadly, truck accident fatalities are not uncommon. If you have lost a loved one in a truck accident in Nebraska, let us begin by telling you how sorry we are for your loss. These accidents are heartbreaking, and the truth is that no insurance claim, court action, or compensation award can begin to make up for the terrible loss you have suffered.

Nebraska wrongful death law allows certain family members to recover compensation after a fatal truck accident. Available damages might include:

Loss of love and affection
Loss of consortium (by a spouse)
Loss of household services
Loss of financial support / future earnings

Additionally, the deceased’s estate may be able to recoup losses associated with the death, including:

Funeral costs
Burial expenses
Medical bills incurred between the injury and the death
Lost wages the deceased experienced between the injury and the death
Pain, suffering, and emotional distress the deceased suffered between the injury and the death

If you have lost a loved one in a motor vehicle accident in Omaha, or anywhere in Nebraska, don’t hesitate to reach out to a wrongful death lawyer at Hauptman, O’Brien, Wolf & Lathrop, LLC.

What Is the Cap on Compensation for Truck Accidents in Nebraska?

Unlike many other states, Nebraska generally does not impose a statutory cap on economic or non-economic damages in ordinary truck accident cases. In 2025, lawmakers introduced LB205, which proposed a cap on non-economic damages in certain personal injury and death cases involving commercial motor vehicles requiring a commercial driver’s license. However, LB205 did not become law and was indefinitely postponed in April 2026. As a result, there is currently no general statutory ceiling limiting the amount a truck accident victim may recover for medical expenses, lost income, pain and suffering, emotional distress, and other compensable losses.

Of course, courts cannot award unreasonable amounts of money. Whether your claim is resolved through negotiations, mediation, or at trial, the amount of compensation you receive will be based on the facts of the case, the available evidence, and the relevant law. An attorney can help to assert compelling arguments for larger amounts of compensation based on the merits of your claim.

While state law does not cap compensation for truck accidents in Nebraska, as a practical matter, your recovery may nevertheless be subject to the defendants’ insurance policy limits. (In some cases but not all, there may be additional avenues for recovery beyond the insurance limits.)

Nebraska also generally does not permit punitive damages. Nebraska courts have held that punitive, vindictive, or exemplary damages are inconsistent with the Nebraska Constitution because penalties are required to be appropriated for the benefit of public schools rather than awarded to private plaintiffs. Accordingly, punitive damages generally are not available to increase a truck accident victim’s recovery.

Finally, while it is not a “cap” per se, we must also note that if you are found to have been partially at fault for your accident, your total damages may be reduced accordingly.

Schedule a Free Case Review with an Omaha Truck Accident Lawyer Today

At Hauptman, O’Brien, Wolf & Lathrop, LLC, our goal is always to get our clients the largest amount of financial compensation available. We are a Nebraska personal injury law firm with over 40 years of experience and a record of getting injury victims the compensation they deserve in the majority of our cases.

To schedule a free case review with an experienced Omaha truck accident lawyer in our office, contact Hauptman, O’Brien, Wolf & Lathrop, LLC as soon as possible. We do not charge a fee for our services unless and until you win.

We are proud to offer legal representation to accident victims and other injured people all across Nebraska. Give us a call today at (402) 241-5020.

Client Testimonials

Marisa Cohn

4 days ago

I would like to send a huge THANK YOU to David O'Neal and everyone at Hauptman O'brien. They were so wonderful to work with. They went above and beyond with helping me through my accident and navigating medical. I highly recommend hiring David for your personal injury needs. You cannot go wrong.

Reginald B York IV

8 days ago

As a college educated working professional, I never wanted or thought I or my family would need the services of a personal injury attorney. When someone in our immediate family was involved in an accident, my wife and I thought we could navigate the insurance process on our own, (after all we weren’t looking to profit from it). We quickly realized the process has become complicated and can turn into a full time job, costing our family in ways we never even dreamed. While I pray we never find ourselves in a situation to need their services again. David will be my first call. Everyone from top to bottom was patient and understanding. They walked us through the process and advised us along the way, filling in the gaps that hospitals, insurance companies and representatives failed to provide. Thanks to David and his wonderful team our family was able to focus on the emotional and physical healing while they found resolution and we were able to move on.

Chris M

9 days ago

David and his team were great and made the whole process seamless. Would highly recommend them to anyone seeking a personal injury lawyer.

Della Farris

11 days ago

Choosing Hauptman ,O'Brien , Wolf & Lathrop for my personal injury lawsuit, was one of my better decisions . They were always available & considerate to us . We were kept updated & informed all the way through . Jeremy & Nicole were awesome.. I would highly recommend.

Paulette Henderson

15 days ago

David O’Neill, Jody Bowman & Desiree at the Bellevue Nebraska location were amazing! They explained things thoroughly, It was easy to communicate with them. They outlined exactly the documentation that was needed. They helped us through every step of the process and kept us informed of the progress. It was a pleasure working with them, and we are extremely satisfied with the outcome. I highly recommend them, they are professional, knowledgeable and handle every aspect with efficiency.

Linda C

25 days ago

A little over 2 yrs ago I walked through the doors @ Hauptman O’Brian Wolf & Lathrop, a little nervous and a little scared. I was in a car accident on the interstate, my car was totaled and I’m thankful to be here. With their help and reassurance that everything will be fine. And it is. Jeremiah Elliott and his fantastic staff kept me well informed through out the process. It took patients on my part and time to heal too. They were always there to answer my question and so kind. I would recommend their legal service’s for any type of situation you might be in. It will only take a little time to tell your story or situation and listen to what they say. They are there to help you through the legal process and protect you. I will say I’m grateful for their compassion and knowledge of the legal process. I couldn’t do it without them. Thanks to them my case was successful.

Dan Aitken

1 month ago

Fortunately I haven’t required their legal services, but I have made use of their “Safe Ride Home” program. I feel safer knowing that this service is available for everyone, not just clients, during the holidays.

Connor Villen

1 month ago

First time getting into a motor vehicle accident and the team was really helpful during this process. The piece that made me feel better to work with the Hauptman Bellevue office was that they were always asking how I was doing. The office really ensured my health and recovery was the priority. They made me comfortable throughout the whole process, and would recommend anyone in a motor vehicle accident to reach out to this office. Thank you all!

Hannah Miller

1 month ago

Fantastic job!! I am so grateful they kept me updated through every step of the process. Thank you so much!

Tiera Robinette

1 month ago

Was a pleasure working with the team. They really fought for us

Michael Ciaccio

1 month ago

Great communication and amazing work this group did with my settlement

Laron Stewart

1 month ago

David cripe is very helpful he will get the job done and get you a good amount of money for your case..I would recommend him to anybody that being injured in a accident thank you David and staff…

Sadie Hall

2 months ago

David O’Neill and his team were wonderful. I was in a car accident with my young son that left me with no vehicle and a broken arm. I was getting overwhelmed with phone calls from insurance and hospitals while trying to heal and care for my two young sons. David and his team took care of every communication and kept me in the loop about how things were progressing. Definitely recommend as he and his team are very empathetic and professional!

Jeanne Belitz Jr

2 months ago

Tim and his asst Janet made everything very easy for me the entire time so I could concentrate on healing. They communicated with me every step of the way. I was not rushed or told what to do. They let me make decisions on how we wanted to approach things. I felt heard and I was happy with the outcome. Thank you for your hard work. I will definitely be recommending you.

Chris Hoel

2 months ago

With 10 years left until retirement I had an accident at work requiring back surgery. Due to the severity of the injury I am no longer physically able to work. Hauptman, O’Brien, Wolf and Lathrop was able to secure a settlement to help bridge that gap. Without them, I would have nothing.

Danielle Sheets

2 months ago

David and staff were efficient, professional and honest. There was zero time or money wasted, and I couldn’t have been more pleased with the outcome. 10/10 recommend!

Michelle Fibich

2 months ago

David O’Neill did an excellent job on my case. Very professional and thorough with the work he and his team provided.

April Eaves

2 months ago

After the car accident I was a little Beyond Shook Up Mr O'Neal. David was phenomenal he handled my case professionally, made sure all my questions were answered in a timely manner. Got me the settlement I deserve even though I didn't know it. Thank you David O'Neal at Hoffman O'Brien wolf and Lathrop LLC

Virginia H

2 months ago

My attorney, Kyle, at Hauptman O'Brien was fantastic. It was a long process, at no fault of the attorney, and He kept me in the loop of the progress on my case, and fought for our victory until the end. I highly recommend them for their professionalism, care of the little guy, perseverance, and personal dedication to detail.

Doug Banks

2 months ago

David and his team are amazing. They made a very stressful situation easy to deal with. They handled all the medical bills, and were always there to answer any questions. They truly care about the client. I hope I never have to use them again, but if I do I definitely will. Simply the best.