You're still dealing with constant back pain months after a distracted driver crashed into your car. The medical bills keep piling up, and you can't return to work. Friends and family members are urging you to take legal action, but you're worried too much time has passed.
At Beck & Beck Attorneys, brothers and founders Paul and John understand the physical, emotional, and financial strain a serious injury creates. Our Omaha personal injury lawyers work with injury victims to ensure they don't lose their right to compensation by establishing a case within the statute of limitations.
Nebraska's Personal Injury Statute of Limitations
This term refers to the timeframe you have to take legal action. In our state, you have four years from the date of the incident to file a personal injury lawsuit. This time limit applies to most claims, including car accidents, slips and falls, dog bites, and workplace accidents. However, some types of claims have shorter deadlines. Medical malpractice claims must be filed within two years of the incident, and claims against government entities require notice within one year.
In most cases, the clock starts ticking on the date of your injury. For injuries that aren't immediately apparent, the deadline may begin when you discovered or reasonably should have discovered the injury.
If you don’t contact an attorney to help with your serious injury case within the designated timeframe, this typically means losing your right to seek compensation forever. The court dismisses most cases filed after the statute of limitations expires, regardless of the claim's merit.
What Qualifies as a Serious Injury
Serious injuries significantly impact your daily life and ability to work. The resulting medical conditions often require extensive treatment and may result in permanent disability. Common examples include:
- Traumatic brain injuries
- Spinal cord damage
- Severe burns
- Multiple broken bones
- Extensive nerve damage
- Amputation
A severe injury is classified by factors like recovery time, permanent impairment, and impact on your ability to work and enjoy life. Additionally, some conditions might seem minor at first but develop more complications later. For example, what feels like whiplash could mean a herniated disc requiring surgery.
This uncertainty about the full extent of injuries makes it crucial to consult an Omaha personal injury lawyer soon after an accident. Early legal guidance helps preserve evidence and protect your rights while you focus on recovery.
Filing Your Personal Injury Claim Within the Statute of Limitations
Building a strong personal injury case requires careful attention to detail from day one. Our Omaha personal injury lawyers at Beck & Beck recommend taking the following steps to protect your rights:
- Seek immediate medical attention. Follow all treatment recommendations from health care providers and attend every scheduled appointment. Documenting your compliance with medical care strengthens your claim.
- Create detailed records. Keep copies of medical bills, pharmacy receipts, physical therapy notes, and anything related to your treatment or recovery process. Track lost wages and document how your injuries affect daily activities.
- Preserve accident evidence. If possible, take photos of injuries, property damage, and the accident scene. Get contact information from witnesses and keep copies of police reports or incident documentation.
- Document all communications. Save emails, letters, and written records of phone calls with an insurance company or other parties involved in your claim. Only sign something from an adjuster after legal review.
- Contact a personal injury lawyer. Work with an attorney who can properly value your claim, handle insurance negotiations, and ensure you meet all legal filing requirements. Having legal representation typically results in higher settlement offers.
Each document you save and your prompt actions impact your ability to recover fair compensation.
What to Do If You've Missed the Filing Deadline
While meeting the statute of limitations is crucial, some exceptions could allow you to file after the standard deadline:
- If you were legally incapacitated at the time of injury, the statute might be tolled (paused) until you regain capacity.
- The deadline may also be extended if the responsible party left Nebraska before you could file, or if you were under 18 when the injury occurred.
However, these exceptions are narrow and require clear proof. If you think you've missed the deadline, consult an Omaha personal injury lawyer to review your case. Your situation may qualify for an exception, or you may have other legal options to pursue compensation.
When to Contact Our Omaha Personal Injury Lawyers
While Nebraska gives you up to four years to file, waiting too long creates unnecessary risks. Evidence disappears, witnesses' memories fade, and building a strong case becomes more challenging.
Contact us as soon as you're able after a serious injury. Early legal representation helps avoid costly mistakes while ensuring you meet all procedural requirements. You have nothing to lose and everything to gain, because at Beck & Beck Attorneys, we work on a contingency fee basis—this means you pay nothing unless we recover compensation for your injuries.