In personal injury and civil cases, timing is everything. If you’ve been injured or suffered damages due to someone else’s negligence, you might assume you have plenty of time to file a lawsuit. However, Nebraska law imposes strict statutes of limitations that can prevent you from recovering compensation if you don’t act quickly enough.
The cornerstone of Nebraska’s statute of limitations law is Neb. Rev. Stat. § 25-201, which dictates the time limits for when civil actions must be commenced. Failure to comply with these time limits can lead to your case being dismissed, no matter how strong your claim may be. As a plaintiff’s attorney, understanding the complexities of this statute and the case law surrounding it is essential to ensuring your clients' claims are filed in a timely manner and protected against procedural defenses raised by opposing parties.
In this article, we’ll explore the nuances of Nebraska’s statute of limitations law, including how the time limits are calculated, when a cause of action is deemed to have accrued, and what exceptions might apply. We’ll also dive into key case law that further clarifies how Nebraska courts interpret and apply these rules, and why it’s crucial for plaintiffs to take immediate action after an injury or legal dispute arises.
A statute of limitations is a legal deadline by which a plaintiff must file a lawsuit. If the lawsuit is not filed within this timeframe, the claim will be time-barred, and the court will dismiss the case, regardless of its merits. Statutes of limitations exist to promote fairness and certainty in the legal system, ensuring that claims are brought while evidence is still available and memories of the events in question are fresh.
Under Neb. Rev. Stat. § 25-201, a civil action must be commenced within the time prescribed by the relevant statute after the cause of action has accrued. This phrase—“when the cause of action has accrued”—is critical because it determines when the clock on the statute of limitations begins to run.
Neb. Rev. Stat. § 25-201 outlines when a civil action is deemed to have been commenced and specifies that it must be brought within the timeframes provided in other sections of the Nebraska Code. However, this statute also provides an important exception: if an action has been stayed by a court or statute, the plaintiff may have one year from the time the stay is lifted to file their lawsuit, or the longer of the two prescribed times if applicable.
This provision is crucial in cases where a legal proceeding is halted due to circumstances beyond the plaintiff’s control. For example, if a court issues a stay on proceedings during a bankruptcy or criminal investigation, the statute of limitations will not run while the stay is in effect, and the plaintiff will have additional time to file their claim once the stay is lifted.
One of the most critical aspects of any statute of limitations is determining when the cause of action accrues. In Nebraska, courts have consistently held that a cause of action accrues when the injured party has the right to institute and maintain a lawsuit.
For example:
Understanding when a cause of action accrues is critical in personal injury cases because the statute of limitations may start to run long before the plaintiff realizes the severity of their injuries or the full extent of the damages.
For example, in cases involving toxic exposure or medical malpractice, a plaintiff may not discover their injury until years after the negligent act occurred. In these cases, plaintiffs can rely on the discovery rule, which allows the statute of limitations to begin running only when the plaintiff knew or should have known about the injury and its connection to the defendant’s actions.
Different types of civil actions in Nebraska have different statutes of limitations. Here are some of the most common time limits under Nebraska law:
Personal injury cases, including car accidents, slip and fall accidents, and wrongful death claims, must be filed within four years from the date the injury occurred. The clock typically starts running on the day of the accident or injury.
Nebraska law imposes a two-year statute of limitations on medical malpractice claims. However, if the injury is not immediately discoverable, the plaintiff has one year from the date they discover, or should have discovered, the injury to file a claim, as long as the total time does not exceed ten years from the date of the negligent act.
Product liability cases, in which a plaintiff is injured by a defective product, must generally be filed within four years of the date of injury. Similar to personal injury cases, the statute of limitations begins running on the date the injury occurs.
In breach of contract cases, the statute of limitations depends on whether the contract is written or oral. For written contracts, plaintiffs have five years from the date of the breach to file a lawsuit, while oral contracts have a four-yearstatute of limitations.
Fraud claims must be filed within four years of the date the plaintiff discovered the fraud, or within four years of the date they should have discovered it through reasonable diligence.
In certain situations, Nebraska law allows for tolling of the statute of limitations. Tolling effectively pauses the clock on the statute of limitations, giving plaintiffs more time to file their claims. Common scenarios where tolling applies include:
If the plaintiff is a minor or legally incapacitated at the time the cause of action accrues, the statute of limitations may be tolled until they reach the age of majority or regain legal capacity. For example, if a child is injured in an accident, the statute of limitations will not begin to run until the child turns 19 years old.
If the defendant has fraudulently concealed their wrongdoing, the statute of limitations may be tolled until the plaintiff discovers the fraud. For example, if a doctor deliberately hides a medical error that causes injury to a patient, the statute of limitations may be tolled until the patient discovers the error.
As mentioned earlier, Neb. Rev. Stat. § 25-201 provides that if a court issues a stay or there is a statutory reason for a delay, the statute of limitations is tolled for the duration of the stay. Once the stay is lifted, the plaintiff has one year to file their claim, or the remainder of the original statute of limitations, whichever is longer.
Several key Nebraska court cases have helped shape how the statute of limitations is applied in civil actions. These cases provide important insights into how courts interpret and enforce time limits on legal claims.
In this case, the Nebraska Supreme Court clarified that a civil action is deemed commenced on the date the summons is properly served on the defendant, not the date the complaint is filed. This distinction is important because it means that even if a plaintiff files their complaint within the statute of limitations, they must ensure that the defendant is properly served to commence the action.
The court ruled that a civil action is commenced by filing a petition and causing a summons to be issued. This case highlights the importance of following procedural rules carefully, as failing to issue a summons can delay the commencement of the action and potentially cause the statute of limitations to expire.
This case established that if a petition shows on its face that it is barred by the statute of limitations, but the plaintiff pleads facts in avoidance of the defense (e.g., arguing that the statute was tolled), the plaintiff must first establish those facts before they can recover. This case underscores the importance of fully addressing any statute of limitations issues in the pleadings.
In this case, the Nebraska Supreme Court emphasized the importance of jury instructions regarding contributory negligence and the statute of limitations. The court ruled that failing to instruct the jury on the effects of allocating negligence in accordance with the statute is prejudicial error. This case highlights the importance of ensuring that juries are properly instructed on how to apply the statute of limitations in cases involving contributory negligence.
The statute of limitations is one of the most important aspects of any personal injury or civil case. Failing to file a lawsuit within the prescribed time limits can result in the complete loss of your right to compensation, no matter how strong your case may be.
As a plaintiff’s attorney, it’s crucial to:
At Ironclad Injury Law, we understand the complexities of Nebraska’s statute of limitations and are committed to helping injured clients recover the compensation they deserve. If you’ve been injured due to someone else’s negligence, don’t wait to take action. Contact us today for a free consultation, and let us help you navigate the legal process and protect your rights.
