Nebraska Personal Injury Statute of Limitations Explained
Disclaimer: This article is for informational purposes only and does not constitute legal advice. Consult an attorney to discuss your specific situation.
Detailed Answer
Under Nebraska law, most personal injury claims must be filed within four years of the date the injury occurs. Nebraska Revised Statute §25-207 states, “Actions for injuries to the person or character shall be brought within four years.” Neb. Rev. Stat. §25-207
- Accrual Date: The deadline generally begins on the date of the accident.
- Discovery Rule: In cases of latent injury, Nebraska courts may delay accrual until the injury is or should have been discovered.
Example: If you suffered injuries in a car crash on March 1, 2023, you typically must file your lawsuit by March 1, 2027.
Exceptions and Special Rules
- Minor Plaintiffs: The limitation period is tolled until a minor’s 19th birthday under Neb. Rev. Stat. §25-219.
- Medical Malpractice: These claims have a two-year deadline under Neb. Rev. Stat. §44-2816.
- Claims Against Government Entities: You must file a notice of claim within 180 days under Neb. Rev. Stat. §81-8209, and the lawsuit itself within four years per §25-207.
Helpful Hints
- Mark the accident date clearly in your calendar and set reminders well ahead of the deadline.
- Investigate whether tolling applies (e.g., minority, disability or fraudulent concealment).
- Preserve all evidence: photographs, medical records and witness contact details.
- Consult an attorney promptly to avoid surprises near the filing deadline.
- Verify statutes before filing, as laws and deadlines can change.