The first and foremost consideration in bringing a personal injury action is to evaluate it for any statutes of limitation which would serve as a bar to bringing the suit.
Nebraska statutory law provides the relevant limitations provisions which apply to personal injury matters.
The following actions can only be brought within four years:
- An action for trespass upon real property
- An action for taking, detaining or injuring personal property, including actions for the specific recovery of personal property
- An action for relief on the ground of fraud, but the cause of action 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 (Reissue 1995).
The statute of limitations period provided in § 25-207 is tolled under certain circumstances.
Except as provided in sections 76-288 to 76-298, if a person entitled to bring any action mentioned in this chapter, the Political Subdivisions Tort Claims Act, the Nebraska Hospital-Medical Liability Act, the State Contract Claims Act, or the State Tort Claims Act, except for a penalty or forfeiture, for the recovery of the title or possession of lands, tenements, or hereditaments, or for the foreclosure of mortgages thereon, is, at the time of the cause of action accrued, within the age of twenty years, a person with a mental disorder, or imprisoned, every such person shall be entitled to bring such action within the respective times limited by this chapter after such disability is removed.
For the recovery of the title or possession of lands, tenements, or hereditaments or for the foreclosure of mortgages thereon, every such person shall be entitled to bring such action within twenty years from the accrual thereof but in no case longer than ten years after the termination of such disability. Absence from the state, death, or other disability shall not operate to extend the period within which actions in rem are to be commenced by and against a nonresident or his or her representative.
Neb. Rev. Stat. § 25-213 (Reissue 1995).