If you've been injured in an accident, filing a personal injury claim may be the last thing on your mind. It can be an overwhelming experience, after all. However, understanding the time limits within which you need to act is crucial. Known as the "statute of limitations," these deadlines determine how long you have to initiate legal proceedings after being injured.
What Is the Statute of Limitations for Personal Injury Claims in Nebraska?
The statute of limitations is the legal deadline by which you must file your personal injury lawsuit. According to Nebraska law, the statute of limitations for most personal injury cases is four years from the date of the injury.
This time frame applies to a wide range of personal injury claims, including but not limited to:
- Car accidents
- Slip-and-fall incidents
- Workplace injuries
- Dog bites
While four years might seem like plenty of time, delays in gathering evidence, securing witness statements, and understanding the scope of your injuries can quickly whittle away this period.
Exceptions to the Rule
Certain circumstances may extend or reduce the statute of limitations for filing a personal injury lawsuit. Here are the most common exceptions to be aware of in Nebraska law:
- Claims Against Government Entities
If your injury involves a government entity, such as a municipal bus accident or a fall on public property, you must act quickly. Under Nebraska law, claims against government entities generally must be filed within one year of the accident.
- Minors or Individuals with Disabilities
If the injured party is a minor or is legally incapacitated at the time of the injury, the statute of limitations may be paused (or "tolled") until they turn 21 or regain capacity.
- Discovery Rule
Sometimes injuries are not immediately evident. For example, medical malpractice or defective products may cause harm that only becomes apparent months or years later. Under the "discovery rule," the clock on the statute of limitations begins when the injury is discovered or reasonably should have been discovered.
- Wrongful Death Claims
Wrongful death cases, where a person dies due to another's negligence, have a statute of limitations of two years from the date of death in Nebraska.
Why Acting Early Matters
Waiting to take action can have significant legal and personal consequences. Here's why filing your claim promptly is important.
1. Preservation of Evidence
Over time, critical evidence such as photographs, medical records, and witness statements can fade or be lost entirely. Acting quickly allows your legal team to gather and secure this information while it is still fresh and accurate.
2. Witness Availability
Witness memories tend to fade over time, and locating witnesses can become difficult years after the incident. Early action ensures their accounts remain credible and detailed.
3. Avoiding Case Dismissal
Missing the statute of limitations deadline typically results in your claim being dismissed outright. Courts are strict on this deadline, and exceptions are rarely granted.
4. Reducing Financial Strain
Filing sooner can expedite the resolution of your case, helping to reduce financial stress caused by medical bills, lost wages, and other expenses related to your injury.
What Steps Should You Take?
If you've been injured in an accident, here are the critical steps to take to preserve your rights and build a strong case.
- Seek Immediate Medical Attention - Your health and safety should always be your top priority. Timely medical treatment not only ensures your well-being but also provides documented evidence of your injuries.
- Report the Incident - Depending on the nature of the accident, file a police report or notify the relevant parties (e.g., property owners or employers). These reports are critical for establishing liability.
- Document Everything - Collect as much evidence as possible. This includes photos or videos of the accident scene, witness contact information, and any correspondence related to the incident.
- Consult an Experienced Attorney - Navigating the complexities of personal injury law is not something you should do alone. An experienced attorney can evaluate your case, handle all legal filings, and ensure you meet critical deadlines, including the statute of limitations.
- Don’t Speak to Insurance Adjusters Alone - Insurance companies often aim to minimize payouts. Speaking to an attorney first ensures that you don’t inadvertently say something that could weaken your claim.
- File Your Claim Promptly - Once your attorney has gathered all the necessary evidence and built your case, filing your claim quickly ensures you meet the statute of limitations deadline and keep your claim alive.
Time limits on personal injury cases are strict, and navigating the complexities of the law can be daunting without professional help. By understanding the statute of limitations and acting swiftly, you can safeguard your right to seek compensation and hold the responsible parties accountable.
Get Legal Help From Lincoln & Grand Island Personal Injury Attorneys
At Dowding, Dowding, & Dowding, we understand that dealing with injuries and legal claims can feel overwhelming. With decades of experience handling personal injury cases in Nebraska, our dedicated attorneys are here to guide you every step of the way. We pride ourselves on prioritizing our clients' needs and working tirelessly to secure the compensation they deserve.
Remember, the clock is ticking. If you've been injured, reach out today at (308) 300-4172 to schedule a free consultation. We’ll help you determine the best course of action and ensure all deadlines are met.