Personal injury cases are common in Nebraska. If you have been injured in an accident that wasn’t your fault, you may be entitled to compensation for your damages. However, if you want to file a lawsuit for the injuries you sustained, you must do so within a specific period called the ‘Statute of Limitations.’
In this article, we will take a closer look at the statute of limitations for personal injury cases in Nebraska.
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What is a Statute of Limitations?
A statute of limitations is a law that sets a deadline or limitations period for filing a lawsuit. It means that after a certain period, a person can no longer bring a legal action against another party.
The purpose of having a statute of limitations is to protect defendants from being unfairly sued for an incident that occurred a long time ago when memories and evidence may have faded. It also ensures that legal disputes are resolved as soon as possible.
What is the Statute of Limitations for Personal Injury Cases in Nebraska?
In Nebraska, the statute of limitations for most personal injury cases is four years. Under Neb. Rev. Stat. § 25-207, you have four years from the date of the accident or injury to file a lawsuit in court.
It is essential to note that the statute of limitations begins to run from the date the injury occurred, not from the date you discovered the injury. For example, if you were in a car accident on January 1, 2020, and your injuries were not diagnosed until February 1, 2020, the clock for the statute of limitation starts running on January 1.
Exceptions to the Statute of Limitations
There are a few exceptions to the statute of limitations for personal injury cases in Nebraska.
Minors
If the injured person is a minor under the age of 19 at the time of the injury, the statute of limitations does not begin to run until the minor turns 19.
Medical Malpractice
The statute of limitations for medical malpractice is two years from the date of the injury or one year from the date when the injury was discovered, whichever is earlier. However, there is a ten-year statute of repose, which means that no medical malpractice claim can be brought more than ten years after the alleged malpractice occurred.
Wrongful Death
The statute of limitations for wrongful death lawsuits is two years from the date of death.
Government Tort Claims
If the defendant is a government entity, the injured party must submit a notice of claim within two years of the injury or discovery of the injury, whichever is sooner. This notice must state that the injured party intends to file a claim against the government. The statute of limitations for filing a lawsuit is one year from the date of the notice of claim.
Why is it Important to Follow the Statute of Limitations?
If you do not file a lawsuit within the statute of limitations, your claim will be barred, and you will not be able to seek compensation for your damages. This means that you will not be able to hold the person or entity responsible for your injuries accountable, and you may have to pay for your medical expenses, lost wages, and other losses out of your pocket.
Conclusion
If you have been injured in an accident that was someone else’s fault, it is essential to know the statute of limitations for filing a lawsuit. In Nebraska, the statute of limitations for most personal injury cases is four years. Though there are a few exceptions, it is crucial to seek the advice of an experienced personal injury attorney who can help you understand your legal rights and obligations. By following the statute of limitations, you increase your chances of getting the compensation you deserve for your injuries.