How Long Do You Have to File a Personal Injury Claim in Nebraska?

When you’re injured due to someone else’s negligence, knowing how long you have to file a personal injury claim in Nebraska is crucial. The state enforces specific deadlines, known as the statute of limitations, which dictate the time period you have to take legal action. Missing these deadlines could mean losing your right to pursue compensation for medical expenses, lost wages, and pain and suffering.

This guide will explain the time limits for filing a claim, the types of claims affected by Nebraska’s statute of limitations, and why working with a personal injury lawyer can make a difference in protecting your rights.

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What is a Statute of Limitations?

The statute of limitations refers to the legal deadline for filing a lawsuit in civil court. Each state has its own statute for various types of claims, including personal injury claims, wrongful death claims, and product liability claims. The purpose of these laws is to encourage timely resolution of disputes while ensuring that evidence and witness testimony remain fresh.

In Nebraska, the time limits to file a claim vary depending on the type of claim and the parties involved. If you miss these deadlines, you could lose your right to recover compensation.

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How Long Do You Have to File a Personal Injury Claim in Nebraska?

For most personal injury cases, Nebraska law requires you to file a personal injury lawsuit within four years from the date the injury occurred. This time limit applies to accidents such as:

• Motor vehicle collisions (like car, truck, and motorcycle accidents)
• Slip-and-fall injuries on residential properties or commercial premises
• Dog bite injuries
• Work-related injuries (though workers’ compensation claims have separate rules)

The four-year deadline for personal injury claims is based on Nebraska’s statute of limitations. If you fail to file your claim before this deadline, the court will likely dismiss your lawsuit, and you may lose your chance to recover damages.

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Exceptions to the Four-Year Limit for Personal Injury Claims

While the general rule for personal injury claims is four years, there are specific exceptions that may shorten or extend this period:

1. Wrongful Death Claims
   If you are filing a wrongful death claim, Nebraska gives you only two years from the date of the person’s death to file a lawsuit.
2. Claims Against the Government
   If your claim involves a government-owned vehicle or a government employee, you must follow different rules. Under Nebraska law, you must file a formal claim with the government entity, typically within one year, before you can file a lawsuit.
3. Claims Involving Minors or Mental Disorders
   If the injured person is a minor (under 19 years old) or has a mental disorder that prevents them from managing their legal affairs, the statute of limitations may be paused or “tolled” until the disability is removed.
4. Medical Malpractice Claims
   Nebraska sets a stricter deadline for medical malpractice claims. You must file your lawsuit within two years from the date of the injury or the date you discovered (or should have discovered) the injury. If the medical provider engaged in fraudulent concealment of the injury, the deadline may be extended.
5. Product Liability Claims
   If you were injured by a defective product, you must file your claim within four years from the injury date. However, claims related to product defects may also be subject to additional rules, such as strict liability, under Nebraska’s product liability laws.

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Why Do Statutes of Limitations Matter?

Failing to file your claim on time means you forfeit your right to seek compensation. Nebraska courts will refuse to hear your case if it’s filed after the statute of limitations expires, regardless of the strength of your evidence.

This is why it’s critical to contact a personal injury attorney as soon as possible after an accident. An attorney can help you determine the applicable deadline for your claim and ensure that all documents are filed within the correct time period.

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What Claims Are Affected by Nebraska’s Statute of Limitations?

Different claims have different time limits under Nebraska law, including:

Type of Claim	Statute of Limitations
Personal Injury Claim	4 Years from Injury Date
Wrongful Death Claim	2 Years from Date of Death
Medical Malpractice Claim	2 Years from Injury Date
Product Liability Claim	4 Years from Injury Date
Claims Against Government	1 Year to File with Entity

These limits apply to civil claims, including claims for personal injury, property damage, and medical expenses.

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How to Protect Your Rights After an Injury in Nebraska

If you’ve been injured due to someone else’s negligence, you must act quickly to preserve your rights. Here’s how you can protect your right to compensation:

1. Preserve Evidence
   Take photos of the scene, gather evidence like witness statements, and collect medical records that document your injury.
2. File Your Claim on Time
   Be aware of the statute of limitations that applies to your case. Contact a lawyer immediately to ensure you don’t miss important deadlines.
3. Consult a Personal Injury Attorney
   Working with a skilled personal injury lawyer can help you navigate the complexities of filing a personal injury lawsuit in Nebraska. An attorney can also negotiate with the insurance company on your behalf.

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How an Attorney Can Help You File a Claim in Nebraska

Navigating Nebraska’s statutes of limitations requires experience and attention to detail. An attorney can help you by:

• Identifying the correct statute of limitations for your case.
• Filing all necessary paperwork before the time limit expires.
• Preserving evidence that supports your claim.
• Negotiating with insurance companies to pursue fair compensation.

If you’ve suffered an injury, contacting an attorney early is crucial. It ensures you understand the time limits that apply to your case and allows for a comprehensive investigation while evidence is still fresh.

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Call for Your Free Consultation Today!

Learn more about how long you have to file a personal injury claim in Nebraska. Call Conway, Pauley & Johnson P.C. at (402) 462-5187 to schedule your free, no-obligation consultation. You can also reach us anytime through our contact page. Let us help you take the first step toward justice and recovery.

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FAQs About Filing a Personal Injury Claim in Nebraska

1. How long do you have to file a personal injury claim in Nebraska?
Nebraska law generally requires that you file a personal injury lawsuit within four years from the date of the injury. However, certain claims, like wrongful death or medical malpractice claims, have shorter time limits.

2. Can I file a personal injury lawsuit after the statute of limitations has passed?
No, if you attempt to file a lawsuit after the statute of limitations has expired, the court will likely dismiss your case. However, some exceptions, like cases involving minors or mental disorders, may extend the deadline.

3. What happens if I miss the deadline to file my claim?
If you miss the deadline, you lose your right to pursue compensation. This is why it’s essential to contact a personal injury attorney as soon as possible.

4. Do wrongful death claims have the same time limits as personal injury claims?
No, wrongful death claims must be filed within two years of the date of death, unlike personal injury claims, which have a four-year limit.

5. How can a personal injury lawyer help with my case?
A lawyer can ensure you meet all the filing deadlines, preserve evidence, and negotiate with the insurance company to pursue maximum compensation. They will also identify all parties responsible for your injury and help you file your lawsuit on time.