How Long Do You Have to Sue for a Catastrophic Injury in Nebraska?

If you or a loved one has suffered a catastrophic injury in Nebraska, knowing how long you have to file a legal claim is one of the most important steps toward protecting your rights. These serious injuries often result from motor vehicle collisions, medical malpractice, fall accidents, or animal attacks. Victims frequently face significant medical expenses, long-term medical treatment, lost wages, and other devastating consequences.

Nebraska law provides a clear but sometimes complex answer when it comes to time limits for filing personal injury claims. This article explains how the statute of limitations works in Nebraska personal injury cases and what you need to know to preserve your claim.

What Is the Statute of Limitations for Personal Injury Claims in Nebraska?

Under Nebraska law, the statute of limitations for most personal injury lawsuits is four years from the date the injury occurred. This means that a person who suffers a serious injury due to someone else’s negligence generally has four years to file a personal injury lawsuit in civil court. This time limit applies to a wide range of personal injury claims, including those involving spinal cord injuries, traumatic brain injuries, and other life-altering conditions.

However, there are exceptions. When the claim involves medical malpractice, the time frame is shorter—typically two years from the date the medical error occurred or was discovered. If the injured party is a minor, the statute of limitations may be extended depending on their age and the circumstances.

For wrongful death claims, Nebraska law provides a two-year statute of limitations from the date of death. It’s essential to understand that once the deadline passes, you lose your legal right to seek compensation through the court system.

Why the Statute of Limitations Matters in Personal Injury Cases

The statute of limitations is more than a technicality—it can make or break your case. If you wait too long to take legal action, your claim may be permanently barred, regardless of how strong the evidence is or how severe your injuries are. That’s why it’s important to consult a personal injury attorney early in the process.

Time limits vary depending on the type of injury, the parties involved, and whether a government entity or political subdivision is part of the claim. Claims involving government-owned vehicles or property often have shorter deadlines and additional procedural requirements. Missing these deadlines can prevent you from filing a claim at all.

Understanding Key Legal Timeframes

Most personal injury claims in Nebraska must be filed within four years. Medical malpractice claims have a two-year limit. Wrongful death claims must be filed within two years of the date of death. If the injury involves a government entity, you may face even shorter deadlines and a requirement to file formal notice before bringing a lawsuit.

Even if the time limit seems far off, don’t wait. Gathering evidence, reviewing medical records, and interviewing witnesses takes time. A personal injury attorney can manage the legal process while you focus on recovery.

How the Discovery Rule May Affect Your Case

In some cases, the injured party might not discover the harm immediately. This is common in medical malpractice claims where a mistake might not be obvious until months or years later. The discovery rule allows the statute of limitations to begin from the moment the injury was discovered or should have been discovered with reasonable diligence. This exception is limited and doesn’t apply to every case, which is why speaking with a lawyer is crucial.

Claims Involving Government Entities

When the injury occurs on public property or involves a government-owned vehicle, your timeline is even shorter. Under the Nebraska State Tort Claims Act, you must file a formal notice with the government agency before filing a lawsuit. The deadlines for these claims can be as short as one year. If you’re unsure whether a government entity is involved, seek legal advice right away.

What You May Be Able to Recover

A successful personal injury claim may result in financial compensation for medical bills, future medical care, lost wages, pain and suffering, emotional distress, long-term disability, or wrongful death damages. Catastrophic injuries often come with serious financial and emotional costs. Filing a personal injury lawsuit gives you the chance to recover compensation and secure the resources needed for long-term care.

The Importance of Early Legal Action

Acting quickly after an injury helps preserve your rights. Early action gives your attorney time to gather medical records, collect witness statements, analyze the accident scene, and determine who is liable. It also puts you in a stronger position when dealing with the insurance company or preparing for trial.

Waiting too long could mean losing your right to sue. The civil statute of limitations is firm, and courts rarely make exceptions.

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