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Neb. Rev. Stat. § 45-103.02

Prejudgment interest; accrual; when; conditions

Applied in 57 court decisions — leading case Braesch v. Union Insurance (1991)

Most recently applied in 32 Neb. Ct. App. 410 - Herink v. Bluestem Energy Solutions (November 2023)

Laws 1986, LB 298, § 3; Laws 1994, LB 1183, § 3; Laws 1999, LB 43, § 21.

How often courts cite this section

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Court decisions citing this, by year. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.

(1) Except as provided in section 45-103.04">45-103.04 , interest as provided in section 45-103 shall accrue on the unpaid balance of unliquidated claims from the date of the plaintiff's first offer of settlement which is exceeded by the judgment until the entry of judgment if all of the following conditions are met: (a) The offer is made in writing upon the defendant by certified mail, return receipt requested, to allow judgment to be taken in accordance with the terms and conditions stated in the offer; (b) The offer is made not less than ten days prior to the commencement of the trial; (c) A copy of the offer and proof of delivery to the defendant in the form of a receipt signed by the party or his or her attorney is filed with the clerk of the court in which the action is pending; and (d) The offer is not accepted prior to trial or within thirty days of the date of the offer, whichever occurs first. (2) Except as provided in section 45-103.04">45-103.04 , interest as provided in section 45-104 shall accrue on the unpaid balance of liquidated claims from the date the cause of action arose until the entry of judgment.

Official source: Nebraska Legislature. Reproduced from public-domain Nebraska statutes; confirm against the official source for the current text. Not legal advice.