After an accident, it’s easy to focus on medical appointments and daily recovery while assuming you can handle the legal side later. But Nebraska’s statutes of limitations make timing crucial. These rules set the period you have to file a lawsuit, and once that window closes, the court will not allow the claim to move forward.
These limits help ensure that cases rely on solid evidence and provide a clear timeline for resolving disputes. For injury victims, they also serve as a reminder that waiting too long can close the door on compensation.
Understanding which deadline applies and how discovery, tolling, or government-claim rules may change the clock helps you protect your legal rights. However, please note that this overview is not intended as legal advice; we recommend speaking directly with an experienced lawyer at Friedman Law Offices who can accurately assess the specific deadlines applicable to your situation.
Nebraska’s General Rule for Personal Injury Claims
Most negligence-based injury cases follow the same basic timeline. Under Neb. Rev. Stat. § 25-207, you generally have four years from the date of the injury to file a personal injury lawsuit.
This limit applies to common negligence claims, such as:
- Car accidents
- Slip-and-fall accidents
- Dog bites
- Motorcycle collisions
- Truck crashes
Other types of personal injury cases have shorter timeframes.
Wrongful Death – Two Years
If someone dies because of another person’s negligence, the family must file within two years of the date of death under Rev. Stat. § 30-810. This limited window makes early legal guidance from an attorney specializing in personal injury law important.
Medical Malpractice/Nursing Home Abuse – Generally Two Years
Nebraska Rev. Stat. § 44-2828 states that victims of medical malpractice and other acts of professional negligence have two years from the date of the injury to file a claim. If the injury is not learned of within two years of the incident, the victims have one year from date of discovery (not to exceed ten years from date of injury) to file their claim.
When nursing home residents are abused or neglected by the employees of that facility, it often falls under this statute rather than under the one governing general personal injury, which means the two-year deadline also applies to most nursing home abuse lawsuits.
Workers’ Compensation – Generally Two Years
Nebraska Rev. Stat. § 48-137 allows workers’ compensation claims within two years of the accident or within two years of the last benefit payment.
If the injury also involves a negligent third party, such as another driver causing an on-the-job crash, you can still file a separate negligence claim under the four-year deadline.
Some Intentional Torts – One Year
Some civil claims, such as libel or defamation, must be filed within one year, as well as intentional harms like assault and battery (Rev. Stat. § 25-208).
These statutes of limitations apply to most personal injury lawsuits. But if a government agency or its employee harmed you, the claim will follow a completely different, and much shorter, deadline.
Claims Against Government Entities: Shorter Deadlines
For injuries involving a state agency, the State Tort Claims Act uses a separate process that sets its own deadlines:
- You must file a written claim with the Risk Manager within two years of the injury.
- Once the state issues its final decision, or you withdraw the claim, you have six months to file a lawsuit.
For claims involving a city or county, the Political Subdivision Tort Claims Act requires notice within six months and only gives you one year to file a claim.
When the Clock Starts Later: The Discovery Rule
Nebraska’s discovery rule allows the statute of limitations to begin when you discover the injury, or when you reasonably should have discovered it.
Tolling: Extra Time for Minors and Legally Disabled Individuals
Nebraska law suspends certain limitation periods when an injured person is unable to act on their own behalf due to a disability. Under Rev. Stat. § 25-213, tolling applies to individuals who are under age 21, mentally incompetent, or imprisoned when the injury occurs.
Common Misunderstandings About Nebraska’s Injury Deadlines
Great cases are often lost, not on facts, but on timing. These myths create the biggest setbacks:
- My injury is serious, so I’ll get more time. Severity never extends the deadline. The clock runs the same for minor sprains and life-changing injuries.
- The insurance company is still talking to me, so I’m fine. Insurance adjusters sometimes drag their feet on purpose, letting time slip away so your claim weakens.
- I should wait until medical treatment is finished before filing. Recovery can take years. The statute of limitations won’t wait for medical closure.
- If the other side is clearly at fault, the court will make an exception. It won’t. Once the deadline passes, the case is over, regardless of how obvious the negligence may be.
When the clock runs out, you lose your right to pursue the claim, even with strong evidence and clear fault.
Why Acting Quickly Bolsters Your Case
The statute of limitations is only the first hurdle. What really strengthens a personal injury case is quick evidence collection, because:
- Witnesses become hard to locate, and memories fade
- Footage is deleted or overwritten
- Medical timelines become more difficult to prove
- Records disappear or get buried in system backlogs
Early action gives your lawyer time to investigate, interview witnesses, gather documentation, and build a case that clearly shows both fault and damages.
Protect Your Right to File Before Time Runs Out
When someone else’s negligence leaves you injured, you deserve a fair chance to pursue compensation. Our experienced personal injury lawyers at Friedman Law Offices can help you understand which deadline applies, whether any exceptions protect your claim, and what steps to take now while the evidence is still strong.
Do not lose your right to recover compensation simply because the clock ran out. Contact us to schedule a free consultation. We can take immediate steps to preserve evidence and protect your right to hold the at-fault party accountable.