Understanding Nebraska’s Statute of Limitations

In most cases, you have four years from the date of your injury to file a personal injury lawsuit in Nebraska. This includes injury from car and truck accidents, slips and falls, and workplace injuries. For medical malpractice injuries, the statute of limitations in Nebraska is two years from the date of your injury.

In Nebraska, the clock usually starts ticking as soon as the injury happens. We’ll explain the exceptions below, but it’s important to act quickly. Experiencing an injury can be a life-changing event, and you deserve to be financially compensated. Our personal injury attorneys will help you navigate the complex legal system while you focus on your recovery.

What is a Statute of Limitations?

A statute of limitations is a deadline for filing a lawsuit. If you don’t file your case before the deadline, you lose your right to sue and recover compensation. This is why it’s incredibly important not to wait when it comes to filing a personal injury lawsuit so you and your legal team have as much time as possible to build your case.

How to Prepare for a Personal Injury Lawsuit

We understand just how stressful it is to suffer an injury because of someone else's negligence. Taking prompt and informed action is key to protecting your rights and securing the compensation you deserve.

Here’s what you should do next if you’re planning to file a personal injury lawsuit:

1. Prioritize Your Health

Even if your injuries seem minor, seek immediate medical attention. Aside from being properly diagnosed and treated, prompt medical evaluation establishes essential records that link your injuries to the incident. These medical records are critical in building a strong case.

2. Document the Incident

In addition to establishing medical records, gather as much information as possible about the accident. This includes photographs of the scene, your injuries, and any property damage, as well as contact information of any witnesses.

While the incident is fresh in your memory, take time to write detailed notes about what happened. It may sound tedious, but this will go a long way once you’re ready to start the legal process.

3. Be Cautious with Insurance Companies

You can expect insurance adjusters to contact you for statements or offer quick settlements. Do not provide any statements or accept offers before consulting with a personal injury attorney to ensure your rights are protected.

4. Consult with a Personal Injury Attorney

An experienced attorney will assess your case and advocate on your behalf to pursue the compensation you deserve. At Hope Law Firm, we offer free consultations to discuss your situation and explore your legal options.

What if I didn’t realize I was injured right away?

Unlike some states, Nebraska does not follow the Discovery Rule for most personal injury cases. The four-year statute of limitations begins when the injury happens, not when you discover it. If it takes awhile to realize your injury was caused by an accident or negligence, there’s a chance it could be too late. We can help you navigate this further.

Here are some exceptions to the statute of limitations for personal injury in Nebraska:

1. Ongoing Harm (Continuing Tort) – If the harm is happening repeatedly (like exposure to toxic chemicals), you can still sue for the harm that occurred within the last four years, even if the issue started earlier.

2. Work-Related Illnesses – If you develop an illness due to your job (like lung disease from workplace exposure), the timeframe starts when you become aware of it, not necessarily when the exposure happened.

Can the Statute of Limitations Deadline Be Paused or Extended for Personal Injury Lawsuits?

In most cases, no. Nebraska does not allow extensions—you must file your claim within four years. However, there are a few exceptions where the clock might pause including:

1. Minor Victims – If the injured person is under 19 years old, the statute of limitations does not start until they turn 19. After that, they have four years to file a lawsuit.

2. Mental Incompetency – If the injured person is mentally incapacitated due to a severe injury or medical condition, the deadline may be extended until they regain competency.

3. Medical Malpractice – While most personal injury cases follow a strict four-year deadline, Nebraska allows a discovery rule for the two year statute of limitations in medical malpractice cases. This means the statute of limitations starts when the patient discovers the injury, not when the malpractice actually occurred.

What if the Defendants Leave the State?

Some states pause the statute of limitations if the person who caused the injury leaves the state, making it harder for the victim to serve them with a lawsuit. However, Nebraska does not automatically stop the clock just because the defendant moves away.

This means that even if the person responsible for your injury relocates, you still need to file within the four-year window. Delaying action can jeopardize your chances of successfully filing a lawsuit.

Worker’s Compensation Rights in Nebraska

If you suffer a work-related injury or illness, you’re covered by the Workers’ Compensation Act in Nebraska. The Act provides protections to most employees in Nebraska with some exceptions to independent contractors and agricultural workers.

Nebraska's workers' compensation system is no-fault, meaning benefits are provided regardless of who is at fault for the injury. Benefits may include coverage for medical expenses, as well as compensation for lost wages and permanent impairments.

How long do you have to report a work injury in Nebraska?

In Nebraska, the statute of limitations for workers’ compensation is two years. However, if you’re hurt at work, it’s best to report the injury immediately to your employer and start the claims process. You usually can’t sue your employer for additional damages, so workers’ compensation is the most effective route to getting what you deserve.

If your claim is denied, your benefits are delayed, or you feel your rights are being ignored, you don’t have to fight alone. Our workers’ compensation attorneys can help you navigate the system, appeal denied claims, and fight for the compensation you deserve so you can focus on healing.

Personal Injury Attorneys in Omaha, Nebraska

Personal injury lawsuits can be confusing and cumbersome, which is the last thing you need when you’re trying to heal from someone else’s negligence. Working with our experienced personal injury lawyers means that you’ll have a team of professionals fighting for you to get the compensation you deserve. We’ll navigate the legal system and ensure you’re not being taken advantage of during this difficult time.