Nebraska Statutes 25-21,299. Civil action authorized; recovery; attorney’s fees and costs; order of attachment
(1) Any trafficking victim, his or her parent or legal guardian, or personal representative in the event of such victim’s death, who suffered or continues to suffer personal or mental injury, death, or any other damages proximately caused by such human trafficking may bring a civil action against any person who knowingly (a) engaged in human trafficking of such victim within this state or (b) aided or assisted in the human trafficking of such victim within this state.
Terms Used In Nebraska Statutes 25-21,299
- Action: shall include any proceeding in any court of this state. See Nebraska Statutes 49-801
- Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
- Attorney: shall mean attorney at law. See Nebraska Statutes 49-801
- Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
- Person: shall include bodies politic and corporate, societies, communities, the public generally, individuals, partnerships, limited liability companies, joint-stock companies, and associations. See Nebraska Statutes 49-801
- Plaintiff: The person who files the complaint in a civil lawsuit.
- State: when applied to different states of the United States shall be construed to extend to and include the District of Columbia and the several territories organized by Congress. See Nebraska Statutes 49-801
(2) A plaintiff who prevails in a civil action brought pursuant to the Human Trafficking Victims Civil Remedy Act may recover his or her damages proximately caused by the actions of the defendant plus any and all attorney‘s fees and costs reasonably associated with the civil action.
(3) Damages recoverable pursuant to subsection (2) of this section include all damages otherwise recoverable under the law and include, but are not limited to:
(a) The physical pain and mental suffering the plaintiff has experienced and is reasonably certain to experience in the future;
(b) The reasonable value of the medical, hospital, nursing, and care and supplies reasonably needed by and actually provided to the plaintiff and reasonably certain to be needed and provided in the future;
(c) The reasonable value of transportation, housing, and child care reasonably needed and actually incurred by the plaintiff;
(d) The reasonable value of the plaintiff’s labor and services the plaintiff has lost because he or she was a trafficking victim;
(e) The reasonable monetary value of the harm caused by the documentation and circulation of the human trafficking;
(f) The reasonable costs incurred by the plaintiff to relocate away from the defendant or the defendant’s associates;
(g) In the event of death, damages available as in other actions for wrongful death; and
(h) The reasonable costs incurred by the plaintiff to participate in the criminal investigation or prosecution or attend criminal proceedings related to trafficking the plaintiff.
(4) In addition to all remedies available under this section, the court may enter an order of attachment pursuant to sections 25-1001 to 25-1010.