FAQ: What happens if I do not settle my personal injury claim before the statute of limitations in Nebraska?

Short answer: If you do not settle your personal injury claim and you fail to file a lawsuit before Nebraska’s statute of limitations runs, you generally lose the right to sue. Courts will usually dismiss a time-barred claim. There are some limited exceptions (tolling or discovery rules), but you should act early to protect your rights.

Detailed answer — what the statute of limitations means in Nebraska

The statute of limitations is the legal deadline to file a lawsuit. For most personal injury claims in Nebraska, this deadline is set by state law. If you miss that deadline, the defendant can move to have your case dismissed as time-barred, and a court will rarely allow you to proceed.

For the controlling statute and exact language, see Neb. Rev. Stat. §25-207: Neb. Rev. Stat. §25-207. That statute and related provisions explain the ordinary limitation periods and how they apply.

What happens if you don’t settle — common consequences

• You can lose the right to sue: If you miss the filing deadline, the court will usually dismiss your lawsuit if the defendant raises the statute-of-limitations defense.
• Negotiations don’t automatically extend the deadline: Simply talking with the other side about settlement does not pause the clock. If you want more time, you must either file a complaint or get a written tolling agreement from the defendant.
• Evidence and memories fade: Waiting makes it harder to prove your case. Witnesses move, memory fades, and physical evidence can disappear.
• Insurance issues: Some insurers may deny late claims or rely on the statute of limitations defense to avoid payment.

Common exceptions and reasons a court might allow a late claim (tolling and discovery rules)

Nebraska law recognizes several situations that may delay (“toll”) the start of the limitations period or extend it. Common examples include:

• Discovery rule: If you could not reasonably discover the injury or its cause right away, the clock may start when you discovered (or should have discovered) the harm.
• Minor plaintiffs: If the injured person is a minor, the filing deadline may be tolled until they reach the age of majority.
• Legal incapacity: Mental incapacity can toll the deadline while the person is incapacitated.
• Fraudulent concealment: If the defendant hid facts that prevented you from discovering the claim, courts sometimes toll the statute until discovery.
• Agreement to toll: The parties can agree in writing to extend the deadline for a limited time (a tolling agreement).

Whether one of these exceptions applies depends on the specific facts. Courts apply the rules narrowly, so you should not assume an exception will save a late claim.

Hypothetical example (how this plays out)

Imagine you were injured in a car crash on June 1, 2023. You file a claim with the other driver’s insurer but you do not sue. If Nebraska law gives four years for a typical personal injury claim (see Neb. Rev. Stat. §25-207), you would normally have until June 1, 2027 to file a lawsuit. If you wait until after that date and the other driver raises the statute of limitations as a defense, the court will likely dismiss your case unless a tolling exception applies (for example, if you only discovered a latent injury later, or if the parties signed a written tolling agreement).

Practical steps to protect your claim

• Act early. Do not assume negotiations will protect you from the filing deadline.
• If negotiations are ongoing and the deadline is near, file a lawsuit before the deadline to preserve your rights. You can still continue negotiating after filing.
• Ask the other side for a written tolling agreement if you need more time to negotiate. A written agreement that clearly extends the deadline will avoid dismissal for untimeliness.
• Document everything: medical records, bills, police reports, witness names, and communications with the insurer. That evidence matters whether you settle or sue.
• Talk to a Nebraska personal injury attorney early. They can identify the exact deadline that applies, evaluate any tolling defenses, and advise whether to file suit or seek a tolling agreement.

What to do if the statute already expired

• Don’t assume all is lost—consult an attorney. Some narrow exceptions might apply (discovery rule, tolling for minority or incapacity, fraudulent concealment, or an earlier written agreement).
• If no exception likely applies, the realistic outcome is that a court will dismiss the claim if the defendant raises the defense.
• Consider whether any alternative remedies exist (for example, insurance claims not requiring lawsuit) and discuss those with counsel.

Helpful hints

1. Start the clock for your case early—do not wait to see if the insurer makes a fair offer.
2. If you need more time to settle, request a written tolling agreement rather than relying on informal promises.
3. File suit before the deadline if you are unsure whether negotiations will finish in time; you can still settle after filing.
4. Keep clear records of injury dates, medical care, and all settlement communications.
5. Ask about special rules for medical malpractice, minors, or latent injuries—these claims can have different deadlines or discovery rules.
6. Contact a Nebraska attorney for a concrete deadline and individualized advice. Statutes and case law control how the rules apply to your facts.

Disclaimer: This article is for general information only and is not legal advice. I am not a lawyer. For advice about your specific situation, consult a licensed Nebraska attorney who can review your facts and identify the exact statute‑of‑limitations dates and any applicable exceptions.