Nebraska Statutes of Limitations

Statutes of limitations are legal restrictions that dictate how long a plaintiff has to bring their case to the attention of the court. Each type of case has its own deadline in Nebraska; the statute of limitations for personal injury, wrongful death, and other types of claims can be very different, and exceptions may apply depending on the circumstances of a particular case. It’s always a good idea to seek advice from an experienced attorney to find out the specific statute of limitations in Nebraska for personal injury cases like yours to ensure that your lawsuit is filed on time.

Nebraska Statutes of Limitations at a Glance

What Is the Statute of Limitations in Nebraska for Personal Injury and Negligence Cases?

The Nebraska statute of limitations for personal injury cases and most other types of civil lawsuits is four years.

“The following actions can only be brought within four years: (1) An action for trespass upon real property; (2) an action for taking, detaining or injuring personal property, including actions for the specific recovery of personal property; (3) an action for an injury to the rights of the plaintiff, not arising on contract, and not hereinafter enumerated; and (4) an action for relief on the ground of fraud, but the cause of action in such case shall not be deemed to have accrued until the discovery of the fraud, except as provided in sections 30-2206 and 76-288 to 76-298.” (Neb. Rev. Stat. § 25-207)

Statutes of Repose

• Construction Defects: Ten years for actions for breach of warranty for improvement to real property (Neb. Rev. Stat. § 25-223)
• Product Defects: Ten years from the manufacture date for products made in Nebraska; a minimum of ten years or the amount of time given by the state of manufacture’s statute of repose, whichever is greater, for products made elsewhere (Neb. Rev. Stat. § 25-224(2))

Toxic Tort

4 Years

Toxic tort claims are governed by the same statute as personal injury claims.

Wrongful Death

2 Years

“Every such action, as described in section 30-809, shall be commenced within two years after the death of such person. It shall be brought by and in the name of the person’s personal representative for the exclusive benefit of the widow or widower and next of kin. The verdict or judgment should be for the amount of damages which the persons in whose behalf the action is brought have sustained.” (Neb. Rev. Stat. § 30-810)

Medical Malpractice

2 Years

“The following actions can only be brought within the periods stated in this section: Within one year, an action for libel or slander; and within two years, an action for malpractice which is not otherwise specifically limited by statute.” (Neb. Rev. Stat. § 25-208)

Product Liability

4 Years

“(1) All product liability actions, except one governed by subsection (5) of this section, shall be commenced within four years next after the date on which the death, injury, or damage complained of occurs.” (Neb. Rev. Stat. § 25-224)

The statute of limitations begins when the person bringing the cause of action discovers or reasonably should have discovered the existence of the injury or damage.

However, product liability claims are also governed by a statute of repose based on when the product first came to market:

“(2)(a) Notwithstanding subsection (1) of this section or any other statutory provision to the contrary, any product liability action, except one governed by section 2-725, Uniform Commercial Code or by subsection (5) of this section, shall be commenced as follows:

“(i) For products manufactured in Nebraska, within ten years after the date the product which allegedly caused the personal injury, death, or damage was first sold or leased for use or consumption; or

“(ii) For products manufactured outside Nebraska, within the time allowed by the applicable statute of repose, if any, of the state or country where the product was manufactured, but in no event less than ten years. If the state or country where the product was manufactured does not have an applicable statute of repose, then the only limitation upon the commencement of an action for product liability shall be as set forth in subsection (1) of this section.” (Neb. Rev. Stat. § 25-224)

Fraud

4 Years

Fraud claims are governed by the same statute as toxic tort and personal injury cases.

Discovery Rule

The statute of limitations for most personal injury claims runs from the time the injury is or should have been discovered.

Municipal Liability/Sovereign Immunity

Claims against the state must be filed with the State Claims Board within two years. If the board or the state risk manager does not settle the claim within six months of its filing, the claimant may withdraw it and file suit.

Comparative Negligence

Nebraska considers the plaintiff’s own negligence when calculating compensation awards.

Charitable Immunity

Charitable organizations are not immune to prosecution.

Legal Disabilities

For plaintiffs who are legally unable to bring claims due to incompetence, insanity or minor status (younger than 20), the statute of limitations begins to run after removal of the legal disability.

Punitive Damages

Punitive damages are generally not allowed in Nebraska.

Child Sex Abuse

In Nebraska, there is no civil statute of limitations for child sex abuse claims.

Frequently Asked Questions

Consumer Fraud Complaints

Direct consumer fraud complaints to the state Consumer Mediation Center by filing a complaint online or printing out the complaint form and submitting it by mail. You can also contact the center by phone at (402) 471-2682, toll-free at (800) 727-6432 or in Spanish at (888) 850-7555.