How Long Do I Have to File a Personal Injury Lawsuit in Omaha?

In the state of Nebraska, you generally have four years from the date of your injury or accident to file a personal injury claim. While there are some exceptions to this statute of limitations, you should seek legal representation as quickly as possible after suffering an injury due to someone else’s negligence. Doing so ensures that you will not miss any critical deadlines and helps your attorney gather evidence while your memories of the incident are still fresh.

What is a Statute of Limitations?

The term “statute of limitations” refers to the maximum amount of time you are allowed to make a legal claim and resolve a lawsuit after suffering harm due to another party’s negligence. The time limitations of a personal injury case are partially dependent on the entity you are taking action against. Claims against government agencies must generally be filed within one year of your incident, which is a significantly shorter timeframe than most other cases.

Defining the Statute of Limitations for Common Cases in Nebraska

In most cases, you have four years from the date of an incident to take legal action in Nebraska. However, there are instances in which the statute of limitations is shortened to as little as two years. The statutes for common cases include:

• Car accidents: Four years
• Dog bites: Four years
• Slip & falls: Four years
• Product liability: Four years
• Workers’ compensation: Two years
• Wrongful death: Two years

You may wish to seek legal advice as soon as possible following your accident to ensure no key deadlines are missed.

Why is There a Time Limit on Nebraska Personal Injury Claims?

While it may feel unfair that there is a cutoff to legal actions in Nebraska, the statute of limitations exists to keep legal matters fair for plaintiffs and defendants alike. The statute of limitations forces cases to be filed while evidence is still reliable and recollections of the incident are fresh.

The statute of limitations also protects defendants from facing the fear of a potential lawsuit for years after an event happened. This deadline prevents people from facing legal consequences for an event that occurred so long ago that evidence and recollections of the situation may be unreliable. Courts are thus free to focus their resources on timely, relevant cases that can be judged fairly based on reliable evidence.

What Happens if You Miss the Personal Injury Statute of Limitations?

Unfortunately, if you fail to file a lawsuit within the applicable statute of limitations, you forfeit your right to take legal action. You will not be able to recover damages for lost wages, medical expenses, property damage, pain and suffering, or the other costs you incurred as a result of your incident. Seeking legal advice as soon as possible after an incident can help ensure no deadlines are missed on your path to justice. Call Ausman Law Firm P.C., L.L.O. today to schedule a free initial consultation with an experienced Omaha personal injury attorney.