In Nebraska, you generally have four years to file a personal injury claim and resolve the lawsuit, depending on the specific circumstances of your case. However, several factors, such as the type of injury and who is at fault, can affect this deadline. Read more about Nebraska’s statute of limitations for personal injury claims so you don’t miss out on compensation.
Understanding “Statute of Limitations”
Statute of limitations is the legal term for the maximum time you have to make a legal claim and resolve a lawsuit after a personal injury occurs. The time limit to file and resolve a personal injury case will vary depending on whether a claim is being brought against an individual or a political subdivision, such as counties or utility companies.
While individuals have a longer statute of limitations for personal injury cases, the timeframe for government entities is often significantly shorter—as little as one year. Learn more about the statute of limitations for personal injury suits in the state of Nebraska below.
What Is the Statute of Limitations in Nebraska?
Individuals must file and resolve their lawsuit within four years from the date of the injury in most Nebraska personal injury cases where someone’s negligence caused harm or where your injury involved property damage. However, statutes of limitations vary for different kinds of personal injury cases. Here are the personal injury time limits based on type:
- Auto Accidents: 4 Years
- Dog Bites & Animal Attacks: 4 Years
- Product Liability: 4 Years
- Property Damage: 4 Years
- Slip & Falls: 4 Years
- Work-Related Injuries: 2 Years
- Wrongful Death: 2 Years
Why Does Nebraska Have a Time Limit on Personal Injury Cases?
Nebraska has statutes of limitations for civil lawsuits to keep legal matters fair and efficient. The idea behind these time limits is to push people to file personal injury lawsuits sooner rather than later, while evidence and memories are still fresh and reliable—that way, legal outcomes are based on solid information.
These statutes are further thought to protect people from facing the threat of a lawsuit indefinitely. Deadlines provide a sense of closure and prevent anyone from having to defend themselves against stale or unreliable evidence from years past.
From the court’s perspective, these time limits help use resources more wisely by focusing on cases where the evidence is still strong and witnesses are available.
Do Minors Have the Same Statute of Limitations in Nebraska?
Personal injury time limits are the law, with very few exceptions—notably, the age of the injured party. For minors, medical expenses are the responsibility of their parents until the minor reaches the age of majority in Nebraska (19). This means that parents only have four years from the time of the minor’s accident to recover any damages for medical costs. However, the injured party may be able to claim pain and suffering once they are legally an adult.
Can You Still File a Civil Claim If There’s an Open Criminal Case?
Yes, Nebraska’s civil and criminal courts function separately, so criminal cases have their own set of deadlines that would not impact your civil claim’s deadline. A potential or ongoing criminal case does not pause or change the time you have to resolve a personal injury lawsuit. After consulting with a lawyer, you should move forward with your personal injury claim even with criminal proceedings against the person who hurt you.
Do You Need to Wait Before Opening a Personal Injury Case?
You don’t need to wait a certain timeframe to pursue a personal injury case in Nebraska. Because you only have four years to file a claim, negotiate, and settle the dispute, you can’t and shouldn’t wait long to start the personal injury process. Here’s what we recommend doing immediately after an accident to protect your rights and build a strong case.
First Steps to Take After a Personal Injury
If you’ve been in an accident and are considering a personal injury lawsuit, taking the right first steps can make a big difference in the outcome of your case. This is what you should and shouldn’t do immediately after your injury.
1. Determine If You Can Handle It on Your Own
If your injuries are minor and liability is clear, you may be able to handle the personal injury on your own. However, if there’s any doubt, hiring a personal injury attorney near you can help you understand your options and determine who is at fault.
Nebraska follows a comparative negligence rule, which means that even if you share some fault in the accident, you may still be able to recover damages, but your compensation will be reduced based on your degree of responsibility. But if the injured party is determined to be more than 50% at fault, the injured party will not get anything.
2. Seek Medical Treatment
Even if you feel fine now, some injuries take time to appear. Going to the doctor right away not only protects your health, but also provides documentation of your injuries, which is crucial for any personal injury case. During your visit, you’ll want to be upfront about all your symptoms, especially back and neck pain, even if they seem minor.
Initially, medical providers may recommend minimal interventions like over-the-counter medications or basic pain management techniques. If your symptoms persist, your doctor may escalate your treatment to include physical therapy, and if that’s not effective, further diagnostics like CAT scans, MRIs, and referrals to specialists could be necessary.
For this reason, it’s best to ensure you’ve addressed all potential injuries before finalizing your case. Once it’s settled, you cannot reopen your case, even if you discover additional medical issues as a result of your injury.
3. Review Your Insurance Policies
Understanding what your car and medical insurance covers can help you determine your best course of action. Look at your policy details, including medical payments coverage and liability limits, to ensure you know your rights and responsibilities.
Be cautious about sharing your claim number with insurance providers. Once they have your claim number, they can access information about your case and may use it to their advantage in negotiations. Sharing this information too early or without proper guidance from a lawyer can inadvertently harm your case. Always consult with a personal injury attorney near you before providing details to the insurer.
4. Avoid Giving Recorded Statements to Insurance Companies
Insurance companies may ask for a recorded statement, but it’s best to decline until you consult with an injury claim lawyer in Nebraska. These statements can be used against you to minimize your settlement, so be cautious about what you say.
Similarly, be wary of interactions with the at-fault party’s insurer. They are not obligated to act in your best interest. Their primary goal is to settle your case as quickly and cheaply as possible. Trained insurance adjusters may use tactics to make you feel guilty for pursuing compensation or imply that you’re being greedy.
Insurance companies are not required to provide you with complete or honest information, either, and they may omit critical details to reduce the value of your claim. By working with a personal injury attorney, you level the playing field.
5. Send a Letter of Representation If Someone Else Is at Fault
Should you decide to hire a lawyer, if another party is responsible for your injuries, sending a letter of representation to their insurance company informs them that you have legal representation. This prevents insurers from contacting you directly and ensures that negotiations go through your attorney.
What Happens If You Miss the Personal Injury Deadline?
In Nebraska, if you do not file and resolve your lawsuit within the personal injury timeframe, you will lose your right to seek compensation in court. This means you forfeit your ability to recover damages for medical expenses, lost wages, pain and suffering, and other related costs.
It’s important to understand that deadlines created by insurance companies are not legally binding. Insurance adjusters may send letters claiming they will close your file if you don’t respond or settle quickly. However, these letters are misleading—they cannot override the statute of limitations. Their goal is to pressure you into a quick settlement that may not fully cover your damages. Don’t let these tactics rush you into a decision.
For further guidance on how long you have to sue for personal injuries after an accident and when to open a personal injury case, consult an experienced personal injury attorney at Dyer Law, or call (402) 393-7529 to schedule your free consultation.
The information provided in this blog post is for informational purposes only and does not constitute legal advice. You should consult with an experienced personal injury lawyer near you to discuss the specific details of your case.