When to Pursue a Injury Claim After a Car Accident

As an accident injury lawyer, three of the first questions I always ask when meeting a potential new client are: When did the car accident take place? Where did the accident take place? and Who caused the accident?  I ask these questions because when you have been injured in a car crash there is a limitation on the time period in which you have to either settle your claim or file a formal lawsuit.   This time period is extremely important and is typically referred to as the statute of limitations.  In Nebraska, the typical statute of limitations for a negligence action is four years. 

If you are unable to settle your claim you must have a formal lawsuit on file within the appropriate time period or you will be forever barred from seeking recovery.  The time limitation for pursuing your claim can also be much shorter than the usual four years depending on the facts of your case.  For instance, if your case involves a claim for wrongful death or your injury was caused by the negligence of a government actor or political subdivision (i.e. police officer, school district, university hospital), the statute of limitations is much shorter and may also include a formal notice requirement. 

Statutes that limit the time period for filing a specific action vary from state to state, and not complying with the relevant time requirements for notice and filing can result in complete forfeiture of your claim.  It is important to speak with your local personal injury lawyer early on to determine the timing of any potential notice or filing requirements that may apply to your specific situation. 

Relevant Nebraska Statutes:

Neb. Rev. Stat. §25-207:  General Injury Claim – 4 years

Neb. Rev. Stat. §25-212:  Actions Not Enumerated – 4 years

Neb. Rev. Stat. §25-213:  Tolling of Statute of Limitations

Neb. Rev. Stat. §25-218:  Claims Against the State – 2 years

Neb. Rev. Stat. §25-222:  Professional Negligence – 2 years

Neb. Rev. Stat. §30-810:  Wrongful Death – 2 years

Neb. Rev. Stat. §13-919:  Political Subdivision – 2 years with 1-year notice requirement