Whenever damages are recoverable, the plaintiff may claim and recover any rate of damages to which he may be entitled for the cause of action established.
§ 25-1146.Damages.
Article 11: Trial · Not amended since original codification · Last verified July 22, 2026
In one sentenceThis section lets a plaintiff recover the full rate of damages the law allows for whatever cause of action they proved, without any artificial cap tied to the form of the pleading.
Full Text of § 25-1146
Source
R.S.1867, Code § 319, p. 448; R.S.1913, § 7887; C.S.1922, § 8829; C.S.1929, § 20-1146; R.S.1943, § 25-1146.
Plain-English Summary
Section 25-1146 states a broad principle in a single sentence: whenever damages are recoverable, the plaintiff may claim and recover any rate of damages to which they are entitled for the cause of action established. It traces back to an era when the type of lawsuit a party filed could limit the damages available, regardless of what the facts and law otherwise supported. This section cuts that link — the measure of damages follows the cause of action proved, not a category tied to how the case was labeled.
In practice, this section rarely stands alone. It works alongside the substantive law governing the specific claim — contract, tort, or otherwise — which supplies the actual rules for calculating damages. Section 25-1146 clears away procedural limits on what a plaintiff can recover; it does not itself set the formula for any particular type of damages.
Frequently Asked Questions
What does § 25-1146 do?
It confirms that a plaintiff can recover whatever rate of damages the law allows for the cause of action proved, without a procedural cap tied to the form of the pleading.
Does this section tell me how to calculate my damages?
No. It removes procedural limits on recovery; the substantive law governing your specific claim supplies the actual measure of damages.
How does this section relate to excessive damages as a ground for a new trial?
Section 25-1142 allows a new trial where damages are excessive because of passion or prejudice; § 25-1146 addresses the plaintiff’s right to recover the damages the law allows in the first place.
Does this apply to every type of civil case?
The text applies whenever damages are recoverable, without limiting itself to a particular type of action, though the specific measure of damages still depends on the claim involved.
Why would a statute need to say a plaintiff can recover damages they are entitled to?
Historically, procedural forms sometimes limited what damages a court would allow regardless of the underlying facts. This section removes that artificial restriction.
Source & verification. Section text and the amendment-history citation are
reproduced verbatim from the Nebraska Legislature, Revisor of Statutes, enacted by the
Nebraska Legislature. Last verified July 22, 2026. ·
Official source
Also known as: nebraska damages statuterecovering full damages civil caserate of damages entitled toplaintiff damages recovery rule