How Long Do I Have to File a Catastrophic Injury Claim in Nebraska?

Catastrophic injuries can alter the course of a person’s life. Whether the result of a serious car accident, medical malpractice, or a fall from significant height, these life-changing injuries often lead to long-term disability, emotional distress, and substantial medical expenses. If you or a loved one has experienced a catastrophic injury in Nebraska, it’s important to understand how long you have to file a legal claim.

At Conway, Pauley & Johnson P.C., our team of experienced Nebraska catastrophic injury lawyers is here to guide you through the legal process and help protect your right to seek compensation under Nebraska law.

Nebraska’s Statute of Limitations for Catastrophic Injury Cases

Like all personal injury cases, catastrophic injury claims in Nebraska are subject to specific time limits known as the statute of limitations. These laws are designed to encourage timely filing of lawsuits and ensure that legal claims are based on fresh evidence and reliable witness testimony.

Under Nebraska law, most personal injury lawsuits—including those involving catastrophic injuries—must be filed within four years from the date the injury occurred. This includes serious injuries such as spinal cord injuries, traumatic brain injuries, or permanent disabilities caused by accidents, defective products, or workplace incidents.

If your catastrophic injury was caused by medical malpractice, the statute of limitations is shorter. In most cases, you must file a medical malpractice lawsuit within two years of the date you discovered or reasonably should have discovered the injury. There are some exceptions, but waiting too long to act could result in your claim being barred entirely.

Why Acting Quickly Matters

Although four years might seem like a generous window, it’s important to begin the legal process as early as possible. Catastrophic injury cases often require a thorough investigation, expert testimony, and extensive documentation. Gathering evidence—such as medical records, witness statements, and insurance policies—can take time. The longer you wait, the more difficult it may be to build a strong case.

Additionally, insurance companies may delay or deny your personal injury claim if you do not act within a reasonable timeframe. Having a personal injury attorney who understands the nuances of Nebraska statute and injury law can be invaluable.

Claims Against a Government Entity

If your injury occurred due to negligence by a public employee or governmental agency, the timeline is even shorter. Nebraska law requires that you file a claim against a political subdivision within two years. This includes incidents on public property or involving public transportation. These claims follow a separate set of legal procedures that differ from standard personal injury claims.

What Counts as a Catastrophic Injury?

A catastrophic injury typically refers to physical harm that results in long-term or permanent disability, disrupts major life functions, and requires extensive rehabilitation or ongoing medical care. Common examples include spinal cord damage, traumatic brain injuries, and injuries caused by defective products or fall accidents. These injuries often lead to mounting medical bills, lost wages, and years of recovery.

Filing a personal injury lawsuit for such cases requires demonstrating that the injury occurred due to someone else’s negligence. A Nebraska catastrophic injury attorney can help gather evidence, consult with medical experts, and handle the legal complexities of the case.

How a Lawyer Can Help You Navigate the Process

Working with a catastrophic injury attorney ensures that you understand the time limits that apply to your case and that all paperwork is filed correctly and on time. Your attorney will also handle negotiations with insurance companies and opposing legal teams, allowing you to focus on the recovery process.

Legal representation can be particularly important when seeking adequate compensation for medical costs, lost income, and other damages such as emotional distress and long-term care expenses. An experienced attorney can assess your claim, calculate damages, and fight for your best interest in and out of court.

Don’t Wait to Seek Legal Advice

Catastrophic injuries leave little room for error when it comes to timing. Whether you are pursuing a personal injury lawsuit or a wrongful death claim on behalf of a family member, you must act within the deadlines set by Nebraska statute.

Missing the statute of limitations could mean losing your right to recover compensation entirely. At Conway, Pauley & Johnson P.C., our Nebraska catastrophic injury lawyers offer knowledgeable guidance and committed advocacy throughout every step of your claim.

Learn more about how long you have to file a catastrophic injury claim in Nebraska. Call Conway, Pauley & Johnson P.C. at (402) 462-5187 to schedule your free, no-obligation consultation. You can also reach us through our contact page. Let us help you take the first step toward justice and recovery.

FAQs: Filing a Catastrophic Injury Claim in Nebraska

What is the statute of limitations for a catastrophic injury in Nebraska?

In most cases, you have four years from the date the injury occurred. For medical malpractice claims, the timeline may be as short as two years.

Does the statute of limitations change if the injury involves a government entity?

Yes. Claims involving government negligence must typically be filed within two years and follow a different legal process.

What qualifies as a catastrophic injury?

Injuries that cause long-term or permanent disability, such as spinal cord injuries, traumatic brain injuries, or loss of limb function, are generally considered catastrophic.

Why should I contact a lawyer immediately after my injury?

The sooner you speak with an attorney, the more time they’ll have to gather evidence, manage your case, and ensure deadlines are met.

Can I still file if my injury happened years ago?

Possibly. Some exceptions may apply, especially in cases of delayed diagnosis or if you were unaware of the cause. Contact a Nebraska catastrophic injury attorney to evaluate your legal options.