Personal Injury -- Plaintiff Law
The law requires that you file a lawsuit within a specified period of time depending on the nature of the claim and the entity that caused your injury. This is referred to as the statute of limitations. Failure to file suit within this time frame prevents you from filing suit at all. In some instances, there are various exceptions to the statutes of limitation that may extend or limit the limitation periods. There may be special claims presentation requirements for claims against state and local government. For example, written notice of claims against the state must be submitted within two years after the cause of action accrues. Notice of claims against political subdivisions must be presented within one year and suits commenced within two years of accrual of the cause of action. For these reasons, it is important to consult an attorney as early as possible to be sure you don’t miss a crucial deadline.
In Nebraska, an action for personal injury generally must be brought within four years from the date when the cause of action accrues. However, shorter limitation periods may apply depending on the specific cause of action and facts surrounding the case. In most cases the cause of action accrues on the date of the incident, but there may be exceptions when the injury could not have reasonably been discovered until a later date. The limitation periods are tolled for claimant’s who are minors, lacking mental capacity, or imprisoned.
Wrongful death actions must be commenced within two years after the decedent’s death. An action for medical malpractice must be brought within two years after the alleged wrongful act or within one year after the claimant discovered or reasonably should have discovered the wrongful act, but never more than ten years after the wrongful act. Lawsuits for intentional acts such as libel and slander need to be filed within one year.