Statute of Limitations for Personal Injury Claims in Nebraska

Navigating Personal Injury Claims in Nebraska

After an accident caused by someone’s negligence, the first step to take is getting medical treatment and knowing the extent of your injuries. After that, it is important to understand the statute of limitations for personal injury claims in Nebraska. This way, you ensure you don’t run out of time to file your personal injury claim and recover compensation.

Navigating the personal injury claim can be hectic, considering you may have close to no information on what to do and how. However, Welsh & Welsh has got you covered. Our personal injury lawyers will guide you through the claims process and advise you on how to approach it.

Below, we will shed light on the Nebraska statute of limitation for personal injury claims. For personalized legal guidance and support, reach out to our personal injury lawyer.

What Is the Statute of Limitations?

A civil statute of limitations is a law that, in simple terms, says you can’t wait forever to file a lawsuit against someone. It sets the maximum time you have to take legal action before your right to do so expires. This law is essential because it gives a fair chance to both parties involved in a dispute. 

The general time frame for personal injury lawsuits in Nebraska is four years. This means that if you are hurt, or your personal property is damaged because of a motor vehicle collision, animal attack, a defective product, or a slip and fall, you have four years to sue the responsible party. 

However, there are some exceptions. For example, if a government-owned vehicle causes an accident or a slip and fall happens on government-owned property, you only have one year to file your lawsuit. The time rule is there to make sure people act reasonably quickly when something goes wrong. For work-related injuries, you might need to file a workers’ compensation claim within two years.

Keep reading for case-specific statutes of limitations in Nebraska.

Specifics of Nebraska’s Statute of Limitations for Personal Injury Cases

In Nebraska, different types of personal injury cases have different statutes of limitations. Understanding these time limits is crucial for individuals seeking legal remedies for various injuries.

Here’s a breakdown of some common types of personal injuries and their corresponding statutes of limitations in Nebraska.

Motor Vehicle Collisions

Generally, you have four years from the accident date to file a personal injury lawsuit arising from a motor vehicle collision involving cars, trucks, vans, or motorcycles. If the accident involves a government-owned vehicle, the statute of limitations is reduced to one year.

Dog Bites or Animal Attacks

You have four years from the date of the attack to file a civil claim about a dog bite or animal attack.

Product Liability

You have four years to file a product liability lawsuit in Nebraska.

Slip and Fall Accidents

Generally, you have four years to file a personal injury claim for a slip and fall accident on business or residential properties. If the slip and fall occurs on government-owned property, the statute of limitations is reduced to one year.

Work-Related Injuries

Injured workers must file a workers’ compensation lawsuit within two years.

Wrongful Death Claims

If a loved one loses their life due to someone else’s negligence, strict liability, or malice, the family has two years to file a wrongful death claim.

Injuries Involving Minors

There are special considerations for injury victims under 18. Minors have up to four years from the time they turn 19 to file a personal injury claim.

Medical Malpractice

If you sustain an injury due to medical malpractice, you have two years to file a lawsuit against the liable healthcare professional.

It’s essential to note that these statutes of limitations are subject to change, and individual cases may have unique circumstances or exceptions. Seeking legal advice promptly after an injury is crucial to understanding the specific time constraint applicable to your particular case.

Legal professionals, such as those at Welsh & Welsh PC LLO, can provide personalized guidance based on the details of each situation, ensuring that individuals take appropriate and timely legal action.

Critical Steps to Take After An Accident

Here’s a streamlined guide on the key actions to take after a personal injury accident:

Step 1: Medical Attention

Prioritize your health by seeking prompt medical care for any injuries sustained. This establishes a crucial record of your well-being.

Step 2: Document the Incident

Gather evidence at the scene, take photos, and note details about what happened. Documentation becomes valuable evidence later.

Step 3: Preserve Evidence

Keep records related to the incident, including medical reports, photos, and damaged property. Preserving evidence strengthens your case.

Step 4: Report to Authorities

Depending on the incident, file a police report or report to relevant authorities. This is crucial for certain types of accidents like motor vehicle collisions.

How Comparative Negligence Affects Your Claim

Nebraska follows a modified comparative negligence rule. This means that if you are partially responsible for the accident that caused your injuries, your compensation may be reduced proportionally.

For example, if you are found to be 20% at fault, your damages will be reduced by 20%. However, if you are found to be more than 50% at fault, you are barred from recovering any compensation at all. This rule applies to all personal injury cases, including car accidents, medical malpractice, and slip and fall injuries.

This is why gathering evidence and consulting with a personal injury attorney early on is so important. The percentage of fault directly impacts your ability to recover damages in a personal injury lawsuit under Nebraska Revised Statute § 25-21,185.09 (source).

Be Careful When Dealing With Insurance Companies

Insurance adjusters may seem helpful, but they often prioritize their company’s bottom line. One of the biggest mistakes injured parties make is agreeing to a recorded statement without legal representation.

Even seemingly harmless comments can be used to reduce or deny your claim. That’s why it’s best to let a personal injury lawyer handle all communications with the insurance company.

Before speaking to an adjuster:

• Do not agree to a recorded conversation.

• Avoid speculating about how the accident happened.

• Do not discuss your injuries in detail.

• Always consult an attorney before signing anything.

Let your legal team negotiate on your behalf to protect your rights and strengthen your claim.

Civil Claims Are Separate From Criminal Charges

It’s important to understand that a civil statute of limitations is not extended simply because a related criminal case is pending.

For instance, if you were assaulted and the state files criminal charges, the criminal prosecution does not pause the clock on your right to file a civil lawsuit for damages. Your deadline to take civil action remains based on the date of injury, not the outcome of the criminal case.

Failing to file in time could result in the permanent loss of your ability to seek compensation through the civil court system—even if the defendant is convicted criminally.

Missing the Deadline Can Cost You Everything

If you miss the statute of limitations for your personal injury claim, you may lose your legal right to pursue compensation—permanently.

Nebraska courts strictly enforce these deadlines. If you try to file a lawsuit even one day late, the court will almost certainly dismiss your case. That means no recovery for medical bills, lost wages, or pain and suffering, regardless of how strong your claim may have been.

The same risk applies to medical malpractice, wrongful death, and other personal injury claims. The safest course of action is to seek legal advice immediately after an injury occurs. An experienced attorney will ensure all filing deadlines are met and preserve your right to recover damages.

Navigating the Claims Process

1. Consult an attorney: An attorney will provide the needed legal guidance and advice to protect your rights and make the right decisions.
2. File an insurance claim (optional): Your attorney can file your claim with the at-fault party’s insurance company to recover damages without going to court.
3. File a lawsuit: In cases where the insurance company doesn’t settle, you can take your case to court. Ensure that you file your lawsuit within the statute of limitations.

Welsh & Welsh PC LLO Can Help You

Have you or a loved one been injured due to someone’s negligence? You can recover damages by filing a personal injury lawsuit. However, you may not have much time to do that. The Nebraska statute of limitations for personal injury claims is generally four years, but exceptions apply. 

Contact our attorneys at Welsh & Welsh, PC, LLO, immediately for aggressive legal representation. We can ensure your case is filed on time and work to get you the most favorable outcome.

Schedule your free consultation today!