Nebraska Statute of Limitations
Statute of limitations varies from state to state regarding the many types of fatal accidents. The last thing you want to do as the family of a victim of an accidental fatality is miss the opportunity to file a lawsuit.
Here are some important facts to know about Nebraska’s statute of limitations and time limits for filing a lawsuit:
- Negligence – 4 years
Medical Malpractice – Against health care providers – within 2 yrs. of date of injury OR within 1 yr. injury was or should have been discovered (whichever is earlier); may not file more than 10 yrs. of date of injury
- Product Liability – § 25-224. Actions on product liability
(1) All product liability actions, except one governed by subsection (5) of this section, shall be commenced within four years next after the date on which the death, injury, or damage complained of occurs.
(2) (a) Notwithstanding subsection (1) of this section or any other statutory provision to the contrary, any product liability action, except one governed by section 2-725, Uniform Commercial Code or by subsection (5) of this section, shall be commenced as follows:
(i) For products manufactured in Nebraska, within ten years after the date the product which allegedly caused the personal injury, death, or damage was first sold or leased for use or consumption; or
(ii) For products manufactured outside Nebraska, within the time allowed by the applicable statute of repose, if any, of the state or country where the product was manufactured, but in no event less than ten years. If the state or country where the product was manufactured does not have an applicable statute of repose, then the only limitation upon the commencement of an action for product liability shall be as set forth in subsection (1) of this section
- Wrongful Death – 2 years after date of death
- Survival – The following actions can only be brought within four years: (1) An action for trespass upon real property; (2) an action for taking, detaining or injuring personal property, including actions for the specific recovery of personal property; (3) an action for an injury to the rights of the plaintiff, not arising on contract, and not hereinafter enumerated; and (4) an action for relief on the ground of fraud, but the cause of action in such case shall not be deemed to have accrued until the discovery of the fraud, except as provided in sections 30-2206 and 76-288 to 76-298.
Caps on NE Lawyers Fees: No limitations
Medical Malpractice – May not exceed (a) five hundred thousand dollars for any occurrence on or before December 31, 1984, (b) one million dollars for any occurrence after December 31, 1984, and on or before December 31, 1992, (c) one million two hundred fifty thousand dollars for any occurrence after December 31, 1992, and on or before December 31, 2003, and (d) one million seven hundred fifty thousand dollars for any occurrence after December 31, 2003.
Product Liability – $1 million limitation on all damages
Pharmaceutical cases – $1 million limitation on all damages
Nebraska Minors – Statute of Limitations/minors tolling – Except in cases of wrongful death, the statute of limitations begins to run on the minor's 20th birthday
Nebraska State Patrol
Nebraska State Patrol
P.O. Box 94907
Lincoln, NE 68509
Nebraska Trial Lawyers Assoc.
Nebraska Association of Trial Attorneys
941 "O" Street
Lincoln, NE 68508