Omaha Personal Injury Lawyers

Nebraska Statute of Limitations for Personal Injury Lawsuits

First and foremost, the state of Nebraska has a four-year statute of limitations on personal injury lawsuits, while the state of Iowa has a two-year statute of limitations. This means that in Nebraska you only have four years to sue the liable party for damages. In Iowa you must file a lawsuit within two years of your date of injury. If you fail to bring a lawsuit within the statute of limitations your case will almost certainly be dismissed.

What Are the Exceptions to the Statute of Limitations in Nebraska?

There are some exceptions to the statute of limitations, but they are rare.

They include:

• Wrongful Death: When someone dies due to the negligent or wrongful conduct of another, the personal representative of the deceased’s estate has two years from the date of death to file a wrongful death lawsuit on behalf of eligible surviving dependents and family members. Click here to learn more about wrongful death cases in Nebraska.
• Delayed Discovery of Injury: Sometimes, an injury does not appear on the date of an accident, or there may be other reasons the individual did not discover the injury right away. When this occurs, the person filing the suit generally has four years from the date the injury was discovered or reasonably could have been discovered to file a lawsuit.
• Cases Against the Government: Cases against federal, state, or local municipalities or government entities must be brought within two years of the date of injury. Additionally, claimants will need to file various forms with the State Risk Management agency and State Claims Board prior to filing an injury claim (in most cases).
• Injuries to Minors: When the injured individual is a minor, meaning they are under the age of 19, the statute of limitations is deferred until the individual reaches the state’s age of majority. In other words, the injured minor would have four years from their 19th birthday to file a personal injury lawsuit for an injury occurring when they were still a minor.
• Medical Malpractice: In cases involving medical malpractice or negligence, you only have two years from the date of the injury or one year from the date the injury was discovered or reasonably could have been discovered, if the injury was discovered more than two years from the actual date of injury, whichever is earlier, to file a lawsuit.

Personal Injury Claims vs Insurance Claims

Note that the statute of limitations only applies to personal injury lawsuits, not insurance claims. Typically, when you are injured in an auto accident or another incident covered by insurance, your first step is to seek compensation by filing a claim against the liable party’s insurance provider.

The length of time you have to file a claim depends on various factors, but it is usually set by the insurance company and/or the specific insurance policy. In most cases, you must file a claim within a “reasonable” period of time.

Speak with an experienced injury attorney in Omaha serving Nebraska and Iowa. Contact online or call (402) 858-0996. Our services are available in English and Spanish.

Who Can File a Personal Injury Claim?

Most personal injury claims are brought on the grounds of negligence. If you are bringing a case based on negligence, there are several things you must prove.

You may have a personal injury case if you can prove each of the following elements:

• Duty of Care: You must establish that the person or party against whom you are bringing the claim (known as the “defendant”) owed you a duty of care, meaning they had a responsibility to take certain reasonable measures to prevent you from being injured or otherwise harmed.
• Breach of the Duty of Care: You must also prove that the defendant “breached” the duty of care. In most cases, this involves proving that they were negligent through act or omission, acted wrongfully, or intentionally caused you injury or harm.
• Causation: To have a personal injury case, you must prove that the defendant’s negligence, wrongful conduct, or intentional act was the direct or proximate cause of your injuries. This means proving you would not have been injured if the defendant had acted differently.
• Damages: Lastly, you can only file a claim for compensation if you can prove that you were actually injured and suffered measurable losses, known as “damages.” These damages can be economic or non-economic and may include things like medical bills, lost wages, and more.

While the majority of personal injury claims are based on negligence, some can be brought on the grounds of strict liability. In these types of claims, you do not necessarily need to prove that the defendant was negligent or that they acted wrongfully to have a case.

At Carlson & Blakeman, LLP, our Nebraska and Iowa licensed Omaha injury attorneys can help you determine if you have grounds for a personal injury case and, if so, can advise you on the next steps.

We offer complimentary case evaluations and only accept claims we truly believe we can win. As your legal team, we are prepared to do everything possible to secure the best possible outcome on your behalf, whether that’s negotiating a fair settlement or aggressively representing you at trial.

How Does Nebraska’s Comparative Negligence Laws Affect Injury Cases?

Nebraska’s comparative negligence laws play a crucial role in determining the outcome of personal injury cases. Under this legal framework, the concept of comparative negligence allows a plaintiff's compensation to be adjusted based on their level of fault in the accident. In Nebraska, if you are partially responsible for your injuries, your compensation will be reduced by your percentage of fault. For instance, if you are found to be 20% at fault, your total damages will be reduced by 20%.

However, Nebraska follows a "modified" comparative negligence rule, which is particularly important to understand. If you are found to be more than 50% at fault for the incident, you are barred from recovering any damages. This means it's crucial to present a strong case minimizing your level of fault to ensure you can receive compensation.

What Damages Are Available in Personal Injury Cases?

After a serious accident or injury, most people will experience significant financial and non-financial losses. In legal terms, these losses are collectively referred to as “damages.” The point of pursuing a personal injury claim is to recover compensation for damages and thereby hold the at-fault party accountable. This is where our Omaha personal injury lawyers can help!

While every situation is unique, many people who file personal injury claims can seek compensation for the following damages:

• Emergency medical care costs
• Ongoing and future medical expenses
• Medications, medical equipment, and devices
• Pain and suffering, including emotional distress and trauma
• Lost wages, income, and employment benefits
• Loss of future earnings and employment benefits, such as 401(k) contributions
• Diminished earning capacity
• Costs associated with home modifications and disability accommodations
• Therapy and/or counseling services 

Our Nebraska and Iowa licensed personal injury lawyers can help you determine which damages you may be entitled to receive, as well as the overall potential value of your case. We encourage you to reach out to us today for a free initial consultation to discuss the specific details of your situation.

Is There A Cap On Damages Awarded In Nebraska Personal Injury Cases?

Generally, Nebraska does not impose caps on damages in standard personal injury cases, which means you can pursue full compensation for economic and non-economic damages like medical expenses, lost wages, and pain and suffering.

However, Nebraska does implement caps on damages in medical malpractice cases, specifically targeting non-economic damages. Non-economic damages refer to compensation for intangible losses, such as pain and suffering, emotional distress, and loss of enjoyment of life. As of recent legislation in 2024, the cap for non-economic damages in medical malpractice claims is set at $2.25 million.

It's important to note that these caps do not limit economic damages, which cover quantifiable losses like medical bills and income loss due to injury. Understanding these distinctions is vital for setting realistic expectations in your case.

For experienced guidance in your injury matter, get in touch with Carlson & Blakeman, LLP as soon as possible.

Turn to Carlson & Blakeman, LLP for skilled guidance. Call (402) 858-0996 or complete our online form to schedule a consultation.