State laws impose time limits for filing lawsuits or other civil causes of action, most commonly referred to as the statute of limitations. These time limits differ for different types of civil actions, ranging in most states from one to five years, and begin "tolling" at the point the injury (or alleged injury) has occurred. One exception, however, is the "discovery rule," in which the statute of limitations begins tolling at the point the injury is discovered (or reasonable should have been discovered). For instance, someone who just now notices serious problems with a botched surgery performed 10 years ago will still have the opportunity to file a medical malpractice case.
Additionally, the clock does not toll if the defendant is out of state or otherwise evading the process.
Nebraska Civil Statute of Limitations at a Glance
In the state of Nebraska, most personal injury cases have a four-year statute of limitations (one year for assault and battery or defamation, which are considered intentional torts). There is also a four-year limit for fraud, trespassing, oral contracts, and some other causes of action, while judgments and written contracts have a five-year statute of limitations.
The following chart lists additional time limits for various civil actions in Nebraska. Please see FindLaw's Injury Law Basics section for more information.
|Injury to Person||4 yrs. §25-208|
|Assault and Battery||1 yr. §25-208|
|Libel/Slander||1 yr. §25-208|
|Fraud||4 yrs. §25-207(4)|
|Injury to Personal Property||4 yrs. §25-207(2)|
|Professional Malpractice||2 yrs. or 1 yr. from discovery §25-222; 2 yrs. §25-208|
|Trespass||4 yrs. §25-207(1)|
|Collection of Rents||4 yrs. §25-212|
|Contracts||Written: 5 §25-205: Oral: 4 yrs. §25-206|
|Collection of Debt on Account||4 yrs. §25-212|
|Judgments||5 yrs. (foreign) §25-205|
|Wrongful Death||2 yrs. §30-810|
Note: State laws are always subject to change at any time, most often through the enactment of new legislation but sometimes through higher court decisions or other means. You may want to contact a Nebraska personal injury attorney or conduct your own legal research to verify the state law(s) you are researching.
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Don't let the clock run out on your civil claim. As you can see, some causes of action in Nebraska have shorter time limits to file than others. Be ahead of the litigation game by speaking with an experienced litigation attorney in Nebraska today.
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