Deadlines to File an Injury Lawsuit in Nebraska
How long you have to sue in Nebraska for an injury, property damage, medical malpractice or wrongful death, and the shorter deadline for claims against the government.
Short answer: Four years for an action for injury to the rights of the plaintiff not arising on contract and not otherwise listed, which covers most negligence personal injury claims. Neb. Rev. Stat. § 25-207(3)
| Deadline to sue for an injury | Four years for an action for injury to the rights of the plaintiff not arising on contract and not otherwise listed, which covers most negligence personal injury claims. Some claims have different periods under other sections (for example, professional negligence and wrongful death, two years). Source: Neb. Rev. Stat. § 25-207(3) |
|---|---|
| Deadline to sue for property damage | Four years for taking, detaining or injuring personal property. Source: Neb. Rev. Stat. § 25-207(2) |
| Medical malpractice deadline | Two years after the act or omission. If the claim was not discovered and could not reasonably have been discovered within two years, it may be filed within one year after discovery (or discovery of facts that would reasonably lead to it), whichever is earlier. In no event more than ten years after the professional service was rendered or should have been rendered. Source: Neb. Rev. Stat. § 44-2828 |
| Wrongful death deadline | Within two years after the death. Source: Neb. Rev. Stat. § 30-810 |
| Suing the government | Political subdivisions (cities, counties, school districts, etc.): a written claim must be made to the governing body within one year after the claim accrues, and suit must be filed within two years (extended six months after the governing body's final decision or withdrawal of the claim). The same claim requirement applies to suits against employees of a political subdivision. Recovery against political subdivisions is limited to $1,000,000 per person and $5,000,000 for all claims from a single occurrence. State: a tort claim must be made in writing to the State Risk Manager within two years after it accrues. Political subdivision cap: https://nebraskalegislature.gov/laws/statutes.php?statute=13-926 ; state claims: https://nebraskalegislature.gov/laws/statutes.php?statute=81-8,227 |
More Nebraska personal injury & wrongful death
- Wrongful Death Lawsuits in Nebraska
- Medical Malpractice Rules in Nebraska
- Car Accident Claims in Nebraska
- Dog Bite Liability in Nebraska
- Sidewalk and Public Property Falls in Nebraska
- Motorcycle Accident Claims in Nebraska
- Pedestrian Accident Claims in Nebraska
- Bicycle Accident Claims in Nebraska
- Uber and Lyft Accident Claims in Nebraska
- Truck Accident Claims in Nebraska
- Construction Site Injuries in Nebraska
- All Nebraska personal injury & wrongful death rules
FAQ
What is the statute of limitations for personal injury in Nebraska?
Four years for an action for injury to the rights of the plaintiff not arising on contract and not otherwise listed, which covers most negligence personal injury claims.
How long do you have to sue for property damage in Nebraska?
Four years for taking, detaining or injuring personal property.
What is the statute of limitations for medical malpractice in Nebraska?
Two years after the act or omission. If the claim was not discovered and could not reasonably have been discovered within two years, it may be filed within one year after discovery (or discovery of facts that would reasonably lead to it), whichever is earlier. In no event more than ten years after the professional service was rendered or should have been rendered.
How long do you have to file a wrongful death lawsuit in Nebraska?
Within two years after the death.
How do you file an injury claim against the government in Nebraska?
Political subdivisions (cities, counties, school districts, etc.): a written claim must be made to the governing body within one year after the claim accrues, and suit must be filed within two years (extended six months after the governing body's final decision or withdrawal of the claim). The same claim requirement applies to suits against employees of a political subdivision. Recovery against political subdivisions is limited to $1,000,000 per person and $5,000,000 for all claims from a single occurrence. State: a tort claim must be made in writing to the State Risk Manager within two years after it accrues.
General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.