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Nebraska Civil Statute of Limitations Laws

State laws impose time limits for filing lawsuits or other civil causes of action. These are most commonly referred to as statutes of limitations. These time limits differ, depending on the type of civil action in question in any given lawsuit. In most states statutes of limitations range from one to five years and tend to begin "tolling" at the point an incident has occurred. "Tolling" refers to when the clock on statutes of limitations begins ticking.

However, because of the "discovery rule," the time when tolling begins can shift. Under the discovery rule, the clock begins tolling at the point the injury is discovered. It may also begin at the point at which the injury should have reasonably been discovered. For example, someone who just now noticed serious problems with a botched surgery performed 10 years ago may 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 Statutes of Limitations at a Glance

In the state of Nebraska, most personal injury cases have a four-year statute of limitations. For assault and battery or defamation, however, the statute of limitations is one year. These are considered intentional torts. There is also a four-year limit for fraud, trespassing, oral contracts, and some other causes of action. For judgments and written contracts, there is 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

Four years (Refer to §25-207(3).)

Assault and Battery

One year (Refer to §25-208.)

Libel/Slander

One year (Refer to §25-208.)

Fraud

Four years (Refer to §25-207(4).)

Injury to Personal Property

Four years (Refer to §25-207(2).)

Professional Malpractice

Two years, or one year from discovery (Refer to §25-222.)

Trespass

Four years (Refer to §25-207(1).)

Contracts

  • For written contracts, the statute of limitations is five years. (Refer to §25-205.)
  • For oral contracts, the statute of limitations is four years. (Refer to §25-206.)

Collection of Debt on Account

  • For collection of debt on an account, where there is an agreement in writing, the statute of limitations is four years. (Refer to §25-206.)
  • For collection of debt on an account, where there is an oral agreement in place, the state of limitations is five years. (Refer to §25-205.)

Judgments

Five years (foreign) (Refer to §25-205.)

Wrongful Death

Two years (Refer to §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.

Research the Law

Consider reviewing the following resources for more information about laws in Nebraska, including those related to civil statutes of limitations:

  • At Nebraska Law, you'll find links to all laws in the state, including those related to civil statutes of limitations.
  • At Official State Codes, you'll find links to the official online statutes (laws) in all 50 states and the District of Columbia.

Nebraska Civil Statute of Limitations: Related Resources

Consider reviewing the following for more information about laws and legal issues related to civil statutes of limitations:

Discuss Your Questions About Nebraska Civil Statutes of Limitations with a Lawyer

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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