In legal matters, time is of the essence. Every state has specific statutes of limitation that dictate how long a person has to bring a lawsuit after an injury, contract breach, property dispute, or other legal issue arises. Nebraska’s statute § 25-213plays a critical role in cases where the person entitled to bring a claim is under a legal disability—such as being a minor, having a mental disorder, or being imprisoned—at the time their cause of action accrues.
The legal concept of "tolling" means that the clock on the statute of limitations is paused for a certain period. This can be crucial in ensuring that individuals who are legally unable to assert their rights at the time their injury or claim occurs do not lose the opportunity to seek justice.
In this article, we’ll break down Nebraska’s § 25-213, explain the situations where the statute of limitations is tolled, explore key case law that has shaped its interpretation, and discuss how this law affects claims for both personal injury and real estate matters. Whether you’re a plaintiff, a defendant, or a legal professional, understanding how tolling works under Nebraska law is essential to protecting your legal rights.
Under Neb. Rev. Stat. § 25-213, certain individuals who are unable to bring a legal action at the time their cause of action accrues are given additional time to file their claim once the disability is removed. The statute specifically provides that the statute of limitations will be tolled for individuals who are:
These individuals are granted the full period allowed by law to bring their claim after their disability is removed. For example, if someone was a minor when the cause of action accrued, they would have the full statute of limitations period (e.g., two years for personal injury claims) after they turn 21 to file their lawsuit.
In real estate matters, individuals with a disability have up to 20 years from when the cause of action accrues to bring their claim, but no longer than 10 years after the disability ends.
The statute specifically provides protections for three categories of individuals:
However, it’s important to note that tolling does not apply to actions involving penalties or forfeitures.
For actions related to the recovery of title or possession of real estate, or for the foreclosure of mortgages or deeds of trust, individuals under a legal disability have up to 20 years to bring their claim. However, once the disability is removed (e.g., the minor turns 21 or the individual is released from prison), the statute of limitations is capped at 10 years.
This provision helps balance the need for legal finality in property matters with the need to protect individuals who are legally incapable of asserting their rights at the time the cause of action accrues.
Certain types of claims are excluded from the tolling provisions of § 25-213, including actions under the Political Subdivisions Tort Claims Act, the Nebraska Hospital-Medical Liability Act, the State Contract Claims Act, the State Tort Claims Act, the State Miscellaneous Claims Act, and the Uniform Civil Remedies for Unauthorized Disclosure of Intimate Images Act.
For these actions, the statute of limitations is governed by the specific time limits set forth in those laws, and tolling for disability may not apply.
Tolling of the statute of limitations can be especially important in personal injury cases, where the injured party may be unable to immediately bring a claim due to age, mental health, or incarceration.
For example, let’s consider a case where a minor suffers a serious injury due to someone else’s negligence. Under normal circumstances, the statute of limitations for personal injury claims in Nebraska is four years. However, because the injured party is a minor, § 25-213 tolls the statute of limitations until the minor turns 21. This means that the injured party has until the age of 25 (21 years old plus the 4-year statute of limitations) to file a lawsuit.
The tolling provision is vital in cases where the full extent of the minor’s injuries may not become apparent until years after the accident. Without tolling, the minor could be left without legal recourse if they are unable to file a claim before reaching adulthood.
Similarly, individuals with severe mental disorders that prevent them from comprehending their legal rights are protected under Nebraska’s tolling statute. For example, if a person suffers a traumatic brain injury and is unable to fully understand their need to take legal action, the statute of limitations would be tolled until they regain the mental capacity to file a lawsuit.
This provision can be crucial for individuals who suffer psychological or cognitive impairments as a result of their injuries. It ensures that they are not unfairly deprived of their right to seek compensation simply because they are unable to assert their rights at the time of their injury.
In real estate matters, tolling plays a critical role in cases involving the recovery of title or possession of land, as well as foreclosure actions.
One common area where tolling arises in real estate disputes is adverse possession. Adverse possession allows someone who occupies land for a continuous period of 10 years to claim legal ownership of the property, provided they meet certain conditions. However, if the rightful owner is under a legal disability (such as being a minor or having a mental disorder), the statute of limitations is tolled.
For example, if a minor inherits a piece of land and an adverse possessor occupies the land, the statute of limitations for bringing an adverse possession claim would not begin until the minor turns 21. This protects the minor’s property rights and prevents the adverse possessor from claiming ownership before the minor has a chance to assert their legal rights.
Foreclosure actions are also subject to tolling under § 25-213. If a person entitled to foreclose on a mortgage is under a legal disability, they are granted additional time to bring a foreclosure action. This is particularly important in cases where a minor inherits property that is subject to a mortgage. Without tolling, the minor could lose the property before they are legally able to take action to prevent foreclosure.
Nebraska courts have addressed tolling in several important cases that help clarify how § 25-213 is applied.
In this case, the Nebraska Supreme Court clarified that a person is considered "within the age of 20" for tolling purposes until they turn 21. This case underscores the importance of tolling for minors and ensures that they have the full benefit of the statute’s protections.
The court in this case addressed the issue of tolling for imprisoned individuals. It ruled that imprisonment does not toll the statute of limitations for medical malpractice actions, limiting the scope of tolling for incarcerated individuals.
This case addressed tolling for individuals with mental disorders, defining the mental disorder required to toll the statute of limitations as a condition that prevents the individual from understanding their legal rights or taking legal action. The court clarified that a general mental disorder is insufficient; the condition must actually impair the individual’s ability to act.
Neb. Rev. Stat. § 25-213 plays a crucial role in protecting the rights of individuals who are legally unable to assert their claims when their cause of action accrues. Whether due to age, mental disorder, or imprisonment, the tolling provisions ensure that vulnerable individuals are not unfairly barred from bringing legal actions simply because of their disability.
For individuals facing legal claims—whether in personal injury cases, real estate disputes, or foreclosure actions—understanding how tolling works is essential to protecting your rights. At Ironclad Injury Law, we are committed to helping clients navigate the complexities of Nebraska’s statute of limitations and ensuring that they have the opportunity to seek justice.
If you believe your legal rights are affected by Nebraska’s tolling statute, contact us today for a free consultation. Our experienced attorneys can help you understand your legal options and ensure that your claim is filed within the appropriate time limits.
