Like all states, the State of Nebraska has set a time limit for how long a victim of a truck accident has to bring a lawsuit against another party or entity. This time limit is referred to as the statute of limitations. The reason the statute of limitations for personal injury cases exists is to protect defendants from being sued several years down the road after the incident has transpired. The statute of limitations also encourages the resolution of a civil claim in a timely manner.
To help further your understanding of why we follow statute of limitations, Santa Clara University cited in its article titled “The Puzzling Purposes of Statutes of Limitation” that they “are designed to promote justice by preventing surprises through the revival of claims that have been allowed to slumber until evidence has been lost, memories have faded, and witnesses have disappeared.” Now, it is important to recognize and understand what Nebraska’s statute of limitations is after having engaged in a collision in Omaha so that the court accepts your claim when you choose to file it and you stand a chance at being awarded compensation for your losses.
What is Nebraska’s statute of limitations for truck accident cases?
If you suffered injuries in the truck accident and you want to sue the responsible party who caused the crash, you would need to file a personal injury lawsuit in Douglas County or the county in which the accident occurred in. Now, the statute of limitations to file a personal injury lawsuit in the State of Nebraska is four years. This means that you only have four years from the date of the accident to file your claim (i.e. lawsuit). If your injuries did not show up right away but you later learned they existed, then the statute of limitations would start on the day you became aware you suffered injuries.
Important: States sometimes allow exceptions to the statute of limitations, meaning if you don’t get your claim filed within the four-year timeframe, you can still sue the negligent party, however, you will want to discuss this with a qualified Omaha, NE truck accident lawyer before assuming you qualify to file your claim later than what the statute of limitations stipulates.
What will happen if I file my lawsuit after the statute of limitations has passed?
In the event you attempt to file your personal injury lawsuit after the statute of limitations has passed, the court will likely dismiss your case and you won’t be permitted to recover damages for your losses. That means those medical bills that have accrued will be your responsibility to pay and any income you were unable to earn as a result of the collision won’t be provided to you in the event that is what you are seeking in your lawsuit.
To prevent this from happening, you are encouraged to hire a truck accident lawyer immediately following the accident so that he or she can begin working on your case (i.e. gathering evidence, collecting witness statements, conducting an investigation, etc.). If you would like to be connected with a lawyer who handles truck accident cases in Omaha, NE, USAttorneys.com can place you in touch with some of the best in the field.