Nebraska Personal Injury Statute of Limitations

The Statute of limitations is the deadline for filing a personal injury lawsuit in court. In Nebraska, missing this deadline almost always means the claim is permanently barred — no matter how strong the evidence, how severe the injury, or how clear the defendant's fault.

The general personal injury statute of limitations in Nebraska is 4 years from the date of injury. This covers negligence claims arising from car accidents, slip and falls, defective products, and other incidents causing bodily harm.

Wrongful death claims must be filed within 2 years of the date of death — not the date of the negligent act that ultimately caused death.

Medical malpractice claims in Nebraska have specific deadline rules that may differ from the general personal injury statute.

2 years from act/omission; 1 year from discovery; 10-year absolute repose. Total damages capped at $2.25M (§44-2825).

Nebraska recognizes a discovery rule — the statute of limitations may start when the injury was discovered (or should have been discovered through reasonable diligence) rather than when the negligent act occurred.

This is particularly important in cases where injuries are not immediately apparent: medical malpractice (a foreign object left during surgery), toxic exposure, or defective products that cause progressive harm.

Professional negligence (incl. med mal): SOL is 2 years from the act or omission (Nebraska follows the occurrence rule). If the claim is not discovered and could not reasonably be discovered within those 2 years, suit may be filed within 1 year from discovery or from discovery of facts reasonably leading to it, whichever is earlier. 10-year repose from the professional service, subject to exceptions (e.g., legal disability, fraudulent concealment).

A statute of repose sets an absolute outer deadline — it cannot be extended by the discovery rule, tolling, or any other exception. In Nebraska, the repose period is 10 years from the date of the act or omission.

Ten-year repose for medical malpractice from date of act. 1 year from discovery rule within that window.

Certain circumstances may pause (toll) the statute of limitations, effectively extending the filing deadline:

• Minority — if the injured person is under 18, the statute of limitations is typically tolled until they reach the age of majority. A parent or guardian can file on the minor's behalf before then.
• Mental incapacity — if the injured person is mentally incapacitated at the time of injury, the clock may not start until capacity is restored
• Defendant absence from the state — if the defendant leaves Nebraska, the time away may not count toward the limitations period
• Fraudulent concealment — if the defendant actively concealed the injury or the cause of harm, the clock may be tolled until discovery

Claims against Nebraska government entities have separate, shorter notice requirements that must be satisfied before a lawsuit can be filed: 2 years to file claim with the Risk Manager. Must follow Nebraska State Tort Claims Act procedures.

Nebraska Political Subdivisions Tort Claims Act and State Tort Claims Act. 1 year SOL for government claims.