As used in sections 25-12,124 to 25-12,126, unless the context otherwise requires, statement shall mean a recorded or written account of the facts out of which an injury arose given by the injured person to a person having an adverse interest. Statement shall not include (1) insurance claims forms, (2) medical authorizations, or (3) personal injury or accident report forms which are completed when an adverse person is not present.
§ 25-12,124.Statement, defined.
Article 12: Evidence and Witnesses · Last amended 1988 · Last verified July 22, 2026
In one sentenceThis section defines “statement” for sections 25-12,124 through 25-12,126 as a recorded or written account of the facts behind an injury given by the injured person to someone with an adverse interest, while excluding insurance claim forms, medical authorizations, and accident report forms filled out when no adverse person was present.
Full Text of § 25-12,124
Source
Laws 1988, LB 191, § 1.
Plain-English Summary
Sections 25-12,124 through 25-12,126 protect injured people from being pressured into giving statements to an adverse party shortly after an accident. Section 25-12,124 defines the key term those sections build on. Statement means a recorded or written account of the facts out of which an injury arose, given by the injured person to a person having an adverse interest.
The definition draws a boundary around what counts. Three categories are excluded outright: insurance claim forms, medical authorizations, and personal injury or accident report forms completed when an adverse person is not present. That last exclusion matters — a routine incident report an injured person fills out on their own, without an adverse party standing over them, does not become a “statement” subject to the presumption in section 25-12,125 just because an adverse party later obtains a copy of it.
Frequently Asked Questions
What counts as a “statement” under this part of the statute?
A recorded or written account of the facts out of which an injury arose, given by the injured person to a person with an adverse interest.
Does filling out an insurance claim form count as a statement under this section?
No. Insurance claims forms are specifically excluded from the definition.
Is a medical authorization a “statement” for purposes of these sections?
No. Medical authorizations are excluded from the definition along with insurance claim forms.
What if an injured person fills out an accident report form on their own, without anyone from the other side present?
That form falls outside the definition of “statement,” since the exclusion applies to personal injury or accident report forms completed when an adverse person is not present.
Does the definition require the statement to be written, or can a purely oral account qualify?
The definition covers a recorded or written account, so an account that is neither recorded nor written down does not fit the statutory definition of “statement.”
Why does this section matter for section 25-12,125?
Section 25-12,125 builds a rebuttable presumption around statements taken from an injured person by an adverse party soon after an injury, and this section’s definition determines what documents that presumption reaches.
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
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