Statute of Limitations on Personal Injury Claims
Oct. 14, 2022
According to statistics from the Nebraska Traffic Crash Facts, there were 29,418 total traffic crashes statewide in 2020, causing 14,100 injuries and 233 deaths. Under Nebraska personal injury laws, victims of traffic collisions may be entitled to recover damages for any injuries suffered by filing a claim or lawsuit. However, there is a time limit for the plaintiff to commence a civil action against the liable party. This is known as the statute of limitations.
At Harris & Associates, P.C., L.L.O., we intend to advocate for your best interests and help you hold those responsible for your injuries accountable. As practiced Nebraska personal injury attorneys, we will assess the facts of your case, examine your options to seek damages, and make sure you file your claims within the required time limit. Our firm proudly represents clients across Omaha, Nebraska, and surrounding counties, including Dodge, Sarpy, Douglas, and Lancaster County.
Understanding Statute of Limitations
A statute of limitations is a law that sets a time limit (maximum time) after an incident in which the victim will have to bring legal action. Generally, the statute of limitations starts from the date the incident or cause of action accrued.
The Statute Of Limitations for Various Personal Injuries
In the state of Nebraska, the statute of limitations for most personal injury cases – including auto crashes, motorcycle crashes, bicycle crashes, dog bites, slip and falls, product liability, and property damages – is four (4) years from the date of the injury or incident. Others include:
Medical malpractice claims – 2-year statute of limitations.
Civil assault and battery claims – 1-year statute of limitations.
Wrongful death claims – 2-year statute of limitations.
Essentially, plaintiffs or their legal representatives are required to file a legal action in order to recover damages for injuries suffered within the specified statute of limitations.
Exceptions to the Statute of Limitations in Nebraska
However, there are some exceptions that may apply – and cause the statutes of limitations to be extended – depending on the surrounding circumstances of each personal injury case. These include:
Discovery rule exception – the date you knew or should have known about your injury.
Legal disability – the plaintiff unable to file a claim due to insanity or incompetence.
Minor status – the victim is below 20 years.
Child sex abuse claims – there is no civil statute of limitations.
A trusted attorney can look at your options to recover damages and help you file your claims within the required time limit.
I’ve Missed The Filing Deadline. Now What?
As previously mentioned, the majority of personal injury cases in the state of Nebraska have a four-year statute of limitations. Failure to file your lawsuit or claims within this period may make it impossible or extremely difficult for you to recover any compensation for your injuries.
Additionally, the Nebraska court will forever bar you from seeking compensation for your injuries if you file after the time limit for filing. At the same time, you may lose any leverage you have during the settlement negotiations with the insurance provider – regardless of how solid your case might be.
Essentially, you have a limited time to file your personal injury claim, and the period passes by quickly. However, if you reach out to our compassionate personal injury attorneys, we can help file your injury claims as soon as possible and guide you through every procedure involved.
Strong & Comprehensive Legal Counsel
Getting injured in a traffic crash can be an emotional and overwhelming experience. Such an unfortunate incident can result in minor or severe injuries, hospitalization, or missed time at work. Though, you may be eligible to seek fair compensation through injury claims. However, the time for filing an injury claim passes by swiftly. Therefore, talking with a personal injury attorney to advocate for your legal rights is essential to help pursue your rightful compensation.
At Harris & Associates, P.C., L.L.O., we enjoy giving compassionate representation, advice, and understanding legal direction to clients in their injury claims. As your legal team, we can analyze the details of your case, inform you about the statute of limitations, and determine the best way to proceed with your injury claims. Our dependable legal team has the resources to fight for your legal rights and help you pursue the maximum possible compensation for your injuries and damages.
Never procrastinate or delay filing your injury claims. Contact Harris & Associates, P.C., L.L.O. today to arrange a simple consultation with strategic personal injury lawyers. We’re proud to serve clients across Omaha, Nebraska, and surrounding counties, including Dodge, Sarpy, Douglas, and Lancaster County.