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

NEBRASKA

Negligence / Personal Injury

4 Years 4 years with Discovery Rule

Medical Malpractice

2 Years 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.

Actions Not Provided For

4 Years SOL: 4 years with Discovery Rule
SOR: 10 years from date first sold

Wrongful Death

2 years except appears to be 4 years in products liability cases only

Intentional Torts

1 Year 1 year

Fraud

4 Years 4 Years.  SOL runs from discovery of fraud or mistake.

Discovery Rule

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

Municipalities

2 Years 2 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.

Disabilities

For infancy (20th birthday), incompetence, or insanity, SOL runs after removal of disability.

Comparative Negligence

Applies.

Charitable Immunity

Waived.

Sovereign Immunity

Cities and all other governmental subdivisions not immune from tort liability arising out of ownership, use, and operation of motor vehicles but damages limited to $1,000,000 per person and $5,000,000 per occurrence.

Punitive Damages

Generally not allowed.

Consumer Fraud Complaint

Nebraska Department of Justice, Consumer Protection Division
(402)471-2682
(800)727-6432 (toll-free in Nebraska)