Parker Waichman Alonso, LLP - www.statutes-of-limitations.com

NEBRASKA

Negligence / Personal Injury

years with Discovery Rule.

Wrongful Death

years

Medical Malpractice

2 years. If the injury is not discovered within the two-year period, then the action must be filed within one year from the date that the injury was, or should have been, discovered, whichever is earlier. In no event may a medical malpractice action be filed more than 10 years after the act giving rise to the injury occurred.

Caps:
Total damages limited to $1,750,000. Health care provider liability limited to $500,000. Any excess of total liability of all health care providers paid from Excess Liability Fund.

Malpractice (Other Professions)

years

Products Liability

years with Discovery Rule.
SOR: 10 years from date first sold.

Intentional Torts

year

Fraud

years.  SOL runs from discovery of fraud or mistake.

Municipal Liability/Sovereign Immunity

years for actions against state.  Claim must be filed within 2 years with State Claims Board; action must be filed within 6 months of final disposition by Board. Cities and all other governmental subdivisions not immune from tort liability arising out of ownership, use, and operation of motor vehicles. Limit of liability for political subdivisions $1,000,000 per person and $5,000,000 per occurrence.

Discovery Rule

SOL runs from time injury is, or should have been, discovered. See specific rule for medical malpractice.

Comparative Negligence

Fault of plaintiff diminishes proportionately amount of award; if plaintiff's fault is equal to or greater than fault of all defendants, plaintiff cannot recover.

Charitable Immunity

Abrogated

Disabilities

For infancy (20th birthday), incompetence, or insanity, SOL runs after removal of disability. SOL does not run during absence or concealment of defendant.

Punitive Damages

Generally not allowed.

No-Fault Insurance

None

Consumer Fraud Complaint

Nebraska Department of Justice, Consumer Protection Division
http://www.ago.state.ne.us/
(402)471-2682
(800)727-6432 (toll-free in Nebraska)
Consumer Protection Division- En Espanol: (888)850-7555