Disclaimer: This article is for informational purposes only and does not constitute legal advice.
Detailed Answer
Resolving a personal injury case involving lost wages in Nebraska can take anywhere from several months to a few years. Below we break down the main phases and typical timelines:
1. Investigation and Medical Treatment (3–12 months)
Immediately after your injury, you or your attorney gather evidence: medical records, wage statements, accident reports, and witness statements. Insurance companies often require you to reach maximum medical improvement (MMI) before seriously discussing settlement. This process may take 3–12 months depending on your recovery.
2. Filing the Lawsuit (Within 4 Years)
Nebraska law sets a four-year statute of limitations for most personal injury claims. See Neb. Rev. Stat. § 25-207. You or your attorney typically file the complaint once you have a full picture of your injuries and lost wages.
3. Discovery and Negotiations (6–18 months)
Discovery lets both sides exchange evidence. Depositions, interrogatories, and document requests can extend over 6–18 months. During this phase, parties often engage in settlement negotiations or mediation.
4. Trial and Appeal (6–24 months)
If negotiations stall, you may proceed to trial. Trials in Nebraska civil courts can take 6–12 months to schedule, depending on court dockets. After trial, either party may file post-trial motions or appeals, adding 6–24 months.
In total, most Nebraska personal injury cases resolve within 1–2 years if they settle. Complex cases or those that go to trial often take 2–3 years or longer.
Helpful Hints
- Document Lost Wages: Keep pay stubs, tax returns, and employer statements.
- Track Medical Records: Record all appointments, treatments, and expenses.
- Consult an Attorney Early: A lawyer can estimate timelines and preserve evidence.
- Understand Comparative Fault: Nebraska follows Neb. Rev. Stat. § 25-21,185 which may reduce your recovery if you share fault.
- Consider Mediation: It can shorten the timeline and reduce costs.
- Set Realistic Expectations: Settlements take time; avoid rushing for a quick offer.