Nebraska Personal Injury Statute of Limitations

Dedicated to Helping Statute of Limitations Survivors Fight for Their Rights After Their Accident.

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When someone else’s negligence causes an injury, it can be life-altering. Suffering a preventable harm is a physical, emotional, and financial gut punch. Your health, your job, your finances, and your future are suddenly vulnerable.

That’s why it’s critical to contact an experienced Nebraska personal injury lawyer, because even when your case seems straightforward, you can lose your right to compensation if you wait too long to take legal action. Like every state across the nation, Nebraska is governed by a law called the statute of limitations: a strict deadline for filing an injury claim.

At MSMC Injury Lawyers, we help Nebraskans understand their rights, meet critical deadlines on their behalf, and fight for what they deserve. We’re proud to stand up for clients in Lincoln, Omaha, Grand Island, and throughout the state.

If you’ve been hurt and aren’t sure how much time you have to file, we’re here to explain your legal options. Contact us today for a free consultation.

Understanding Nebraska’s Statute of Limitations for Personal Injury

The statute of limitations sets a specific amount of time you have to bring a lawsuit after an accident or injury. According to Nebraska Revised Statute § 25-207, most personal injury cases must be filed within four years of the date of the injury.

That means if you were injured on May 1, 2025, you typically have until May 1, 2029, to file a lawsuit. No matter how strong your case is, if you miss that deadline, it almost always means your case will be dismissed. That’s a devastating prospect, considering the toll injuries take on the lives of victims.

However, there are a few exceptions to this statute. Depending on the circumstances of your case, you may have more or less time to file. This makes having an experienced lawyer on your side critical to the outcome of your case. Our lawyers take the time to meticulously review every detail of your situation, so you don’t lose your chance to file your claim and recover compensation for your losses.

Common Personal Injury Accidents Impacted by Nebraska’s Statute of Limitations

Nebraska’s four-year statute of limitations applies to nearly every type of injury claim. A few of those impacted by the Nebraska Revised Statute § 25-207 include:

Exceptions and Special Rules in Nebraska Injury Cases

While the four-year rule applies to most injury claims, there are notable exceptions that can shorten or extend your filing period. Knowing how or if any apply to your case is powerful knowledge that a Nebraska personal injury lawyer can explain in detail. In the meantime, here is an overview of those exceptions and rules.

Medical Malpractice

If you’ve been hurt by medical negligence in Nebraska, you usually have two years from the date the mistake happened to file a lawsuit. However, the law understands that you might not realize you were injured right away.

If you couldn’t reasonably know you were injured right away, you can get a little more time. Which means you have one year from the day you discover the injury. Still, it’s important to remember that you cannot file a claim more than ten years after the original medical mistake took place, even if you just discovered the injury.

Wrongful Death

We understand that dealing with the sudden loss of a loved one that was caused by someone else is incredibly painful and often emotionally paralyzing. While you are grieving, it’s critical to know that Nebraska law sets a strict time limit for seeking justice and financial support through a wrongful death lawsuit.

Under Nebraska Revised Statute § 30-810, you must file your claim in court within two years of the date of your loved one’s death. Because this deadline must be met to protect your family’s right to compensation, contacting an experienced Nebraska personal injury lawyer is essential.

Claims Against the Government

If your injury involves a state or local government agency, Nebraska’s Political Subdivisions Tort Claims Act mandates that you must file a written claim within one year of the injury before filing a lawsuit. It’s important to note that federal claims follow different rules.

Minors and People With Mental Disabilities

For children and individuals with a mental disability, Nebraska law pauses the deadline for filing a lawsuit. The clock for the statute of limitations does not start ticking until the person either reaches the age of 21 or, in the case of a disability, until they regain mental capacity. This rule allows vulnerable people to have a fair chance at pursuing justice once they are legally able to do so.

Workers’ Compensation

Dealing with a work injury can be highly stressful. Your livelihood is threatened, and it’s challenging to know how to handle the stress, file the proper paperwork, and meet deadlines. Under Nebraska Revised Statute § 48-137, workers injured on the job have two years from the date of the accident to file a claim. The same deadline applies to the last payment of benefits if compensation was previously paid.

Because these exceptions can significantly impact your rights, it’s essential to speak with a personal injury lawyer as soon as possible after an accident.

Why These Deadlines Matter

Statutes of limitations exist for good reason. They help ensure that evidence is fresh and witnesses’ memories remain reliable. These are valid reasons for the statutes, but they can sometimes create serious challenges for the injured.

Insurance companies may intentionally delay settlement offers, hoping you’ll run out of time to file. Even a few days of hesitation can make the difference between receiving compensation and getting absolutely nothing.

Our firm knows their tactics, and we act quickly to preserve evidence, file claims on time, and protect your right to recovery from day one.

How to Determine When the Clock Starts Running

In most cases, the statute of limitations begins on the day your accident happened. But sometimes, injuries don’t become apparent until weeks, months, or even years later.

Nebraska law recognizes what’s called the “discovery rule.” It’s a rule that allows you to file your lawsuit within a certain time after you discover you are indeed injured.

For example, if a patient discovers in April 2025 that a surgical tool was left inside of them during a surgery in May 2021, this is considered a hidden injury. It’s also a medical malpractice injury, so they should have time to file under the ten-year cutoff associated with the medical malpractice discovery rule. If they file before May 2031, the claim should be valid.

Determining when the statute begins can be complex. That’s why it’s important to consult with a lawyer who understands Nebraska’s specific legal standards and court precedents.

What Happens if You Miss the Deadline

If you file a personal injury lawsuit after the statute of limitations expires, your case is done. Even if the negligence is obvious, a judge will dismiss the case. Sadly, you’ll lose the ability to recover compensation for:

Medical expenses and hospital bills
Lost wages and future earning capacity
Pain and suffering
Emotional distress
Disability or disfigurement
Property damage

There are very few circumstances where courts may allow you to file late, but these are rare. Acting quickly gives you the strongest chance of success.

Steps to Protect Your Right to File

If you or a loved one was injured in Nebraska, here’s how to protect your right to pursue compensation:

Seek medical treatment immediately: Prompt documentation of your injuries creates a strong record for your claim.
Report the incident: Whether it’s a car accident or workplace injury, make sure it’s properly reported to the police, your employer, or another relevant authority.
Preserve evidence: Keep photos, witness contact information, receipts, and all related records.
Avoid delays and consult a lawyer early: The sooner you get legal advice, the better your chances of meeting every deadline and maximizing your compensation.

How MSMC Injury Lawyers Can Help

At MSMC Injury Lawyers, we stand up for Nebraskans when life takes an unexpected turn. We know that understanding complex deadlines and legal rules is overwhelming. These details are truly the last thing you should have to worry about after an accident.

When you work with our firm, you get a dedicated team that will:

Investigate your accident thoroughly
Identify the correct filing deadlines for your case
Handle all legal paperwork and court filings
Communicate with insurance companies on your behalf
Pursue the maximum compensation you’re owed

From Omaha to Kearney and Lincoln to Scottsbluff, we’re proud to help people across Nebraska take back control of their lives after serious injuries.

Contact Our Nebraska Personal Injury Lawyers Today

If you’ve been injured in an accident, don’t let the clock run out on justice. The statute of limitations in Nebraska is strict, and waiting too long can cost you everything.

Let the experienced team at MSMC Injury Lawyers review your case and explain how the law applies to your situation. We’ll make sure your claim is filed properly and on time, so that you have the best chance at the full compensation you deserve.