Nebraska Statutes of Limitations

All states have statutes of limitations. These laws place time limits on filing a lawsuit after a crime or civil suit. For instance, if you’re involved in a car accident, states limit how much time you have to sue the other driver for damages.

The limitation period varies in each state and depends on the type of action. In some states, civil actions have a limitation period of one year to up to 20 years. Some criminal charges, such as murder, have no limitation period.

The time period for most statutes gives the parties a reasonable time to discover the harm and get evidence. In the state of Nebraska, criminal cases begin when a grand jury issues an indictment or when a victim files a complaint. Civil cases start when the plaintiff knows or “reasonably should have known” of the harm done.

The “discovery rule” allows civil plaintiffs to extend deadlines past the statutory limit. For instance, a plaintiff must file a personal injury claim within four years of the injury (Neb. Rev. Stat. § 25-207). Some injuries, such as product liability, may not appear for years after the incident. For instance, asbestos exposure may result in mesothelioma 20 or 30 years after the fact. The discovery rule tolls or extends the applicable statute of limitations so a plaintiff can still file a lawsuit.

In some cases, the statute of limitations may be a defense against a criminal or civil charge. Under Nebraska law, prosecutors must file misdemeanor charges or indictments within 18 months of the offense (Neb. Rev. Stat. § 29-110(2)). A defendant may make an affirmative defense if the charge got filed after the statutory period, meaning they must prove the state filed too late.

Get Legal Advice from a Nebraska Personal Injury Attorney

If you believe you have a personal injury or other civil claim and aren’t sure if you still have time to file, get legal advice before filing. Contact a Nebraska personal injury lawyer and check the relevant statute.