Nebraska statute of limitations by claim
In Nebraska you generally have 4 years to sue for personal injury, 4 years for property damage, 5 years on a written contract and 4 years on an oral one, but only 1 year for defamation.[1][4] The table lists every common civil claim with the statute and the notes that change it.
| Claim | Deadline | Statute |
|---|---|---|
| Personal injury | 4 years | Neb. Rev. Stat. § 25-207(3)Covers 'an injury to the rights of the plaintiff, not arising on contract'. |
| Medical malpractice | 2 years | Neb. Rev. Stat. § 44-2828Repose: 10 years from the date the professional service was rendered or should have been rendered (§ 44-2828) If the claim could not reasonably be discovered within 2 years, suit may be filed within 1 year of discovery. Same rule for other professional negligence (§ 25-222). Minority tolling under § 25-213 applies. |
| Wrongful death | 2 years | Neb. Rev. Stat. § 30-810Brought by the personal representative for the surviving spouse and next of kin. |
| Property damage | 4 years | Neb. Rev. Stat. § 25-207(2)Covers taking, detaining or injuring personal property. Trespass on real property is also 4 years (§ 25-207(1)). |
| Written contract | 5 years | Neb. Rev. Stat. § 25-205(1) |
| Oral contract | 4 years | Neb. Rev. Stat. § 25-206 |
| Credit card / account debt | 4 years | Neb. Rev. Stat. § 25-2064 years applies to contracts not in writing, including accounts. A debt on a signed written agreement gets 5 years (§ 25-205). A voluntary payment of principal or interest, or a written acknowledgment or promise to pay, starts a new period (§ 25-216). |
| Fraud | 4 years | Neb. Rev. Stat. § 25-207(4) |
| Defamation | 1 year | Neb. Rev. Stat. § 25-208Same 1 year for libel and slander. |
| Product liability | 4 years | Neb. Rev. Stat. § 25-224(1)Repose: Nebraska-made products: 10 years after first sale or lease for use. Products made elsewhere: the repose period of the place of manufacture, but not less than 10 years; if none, no repose (§ 25-224(2)) Asbestos claims: 4 years from discovery (§ 25-224(5)). Minority does not toll the repose period (Budler v. General Motors, Neb. 2004). |
What is different in Nebraska
The 4-year injury period is double the most common period in the U.S., which makes the 2-year wrongful death deadline easy to miss when an injury later proves fatal. Minority tolling runs until age 21 even though the age of majority is 19. A suit against the person who sexually assaulted a child has no time limit, while suits against others, such as institutions, must be filed within 12 years after the victim’s 21st birthday.
- Minority tolling runs until age 21, even though Nebraska's age of majority is 19. (Neb. Rev. Stat. § 25-213)[10]
- Defamation (libel or slander) must be sued on within 1 year, one of the shortest periods in the U.S. (Neb. Rev. Stat. § 25-208)[11]
- A civil suit against the person who sexually assaulted a child has no time limit; suits against others (such as institutions) must be filed within 12 years after the victim's 21st birthday. (Neb. Rev. Stat. § 25-228)[12]
- Product liability repose depends on where the product was made: 10 years for Nebraska-made products, the place of manufacture's repose (at least 10 years) for others. (Neb. Rev. Stat. § 25-224(2))[13]
When the clock starts and stops
Fraud claims accrue on discovery by statute, and malpractice claims get 1 year from discovery if not discoverable within 2 years (10-year cap). Courts have declined to apply a discovery rule to contract and conversion claims. (Neb. Rev. Stat. §§ 25-207(4), 44-2828)
Minors. Nebraska pauses the clock while the injured person is a minor: the period starts at age 21. Tolls while the person is 'within the age of twenty years', which courts read as until the 21st birthday (Carruth v. State, Neb. 2006). Applies to medical malpractice and tort claims against the state and political subdivisions; it does not toll the product-liability repose period.[6]
Other tolling. Time a defendant is out of state, absconded or concealed is not counted (§ 25-214); mental disorder and imprisonment also toll (§ 25-213); a failed timely action may be refiled within 6 months in some cases (§ 25-201.01).
Suing the government in Nebraska
Claims against a public body follow their own rules, and a missed notice can end the claim even when the ordinary limitation period is still open.[7][8]
| Defendant | Deadline | Statute |
|---|---|---|
| State agencies | Written claim to the State Risk Manager within 2 years after the claim accruesSuit within the same 2 years, extended to 6 months after notice of final disposition or withdrawal of the claim if the 2 years would otherwise run out first | Neb. Rev. Stat. § 81-8,227(1) |
| Cities, counties and other local entities | Written claim to the governing body within 1 year after the claim accruesSuit within 2 years after the claim accrues, extended to 6 months after notice of final disposition or withdrawal if needed (§ 13-919(1)) | Neb. Rev. Stat. § 13-919(1) |
Criminal statute of limitations in Nebraska
Most felonies in Nebraska: 3 years for most felonies; 5 years for identity theft, identity fraud and securities fraud; 6 years for abuse of a vulnerable or senior adult. Misdemeanors: 1 year 6 months; 1 year for offenses punishable by no more than a $100 fine and 3 months in jail.[9] Prosecutors must file charges within these periods; the victim’s civil deadline is separate.
| Offense | Time limit | Statute |
|---|---|---|
| Felonies | 3 years for most felonies; 5 years for identity theft, identity fraud and securities fraud; 6 years for abuse of a vulnerable or senior adultThe limits do not apply to a person fleeing from justice (§ 29-110(13)). | Neb. Rev. Stat. § 29-110(1), (6)-(9) |
| Misdemeanors | 1 year 6 months; 1 year for offenses punishable by no more than a $100 fine and 3 months in jail | Neb. Rev. Stat. § 29-110(2) |
| No time limit | Treason, murder, arson, forgery, first- and second-degree sexual assault, sexual assault of a child, incest, sex or labor trafficking of a minor, offenses under § 28-1805, and third-degree sexual assault when the victim was under 16 | Neb. Rev. Stat. § 29-110(11) |
| Sexual assault | Adult victims: no limit for first- and second-degree sexual assault. Child victims: no limit for sexual assault of a child or incest; kidnapping and child abuse of a child under 16 get 7 years from the offense or the 16th birthday, whichever is later. | Neb. Rev. Stat. § 29-110(3), (11) |
| Theft | No theft-specific period: 3 years for felony theft, 1½ years for misdemeanor theft; identity theft and identity fraud 5 years (§ 29-110(7)). |
Worked example
A pickup crash on I-80 near Lincoln on September 3, 2024: under the personal injury deadline is September 3, 2028, which falls on a weekend or federal holiday, so the filing day is usually extended to September 5, 2028. If the injured person was a child born September 3, 2012, the clock would not start until September 3, 2033, making the deadline September 3, 2037.
For a claim of $7,500 or less, Nebraska’s small claims (Small Claims Court (County Court)) is usually faster and cheaper; compare the small claims limit by state.[14] To value an injury claim, try the car accident settlement calculator; for medical cases, compare the medical malpractice statute of limitations in other states. All states are on the statute of limitations by state page.
Frequently asked questions
How long do you have to sue for personal injury in Nebraska?
What is the statute of limitations on debt in Nebraska?
Does the statute of limitations pause for minors in Nebraska?
What crimes have no statute of limitations in Nebraska?
What is the wrongful death statute of limitations in Nebraska?
Sources
- Neb. Rev. Stat. § 25-207(3): personal injury limitation period
- Neb. Rev. Stat. § 44-2828: medical malpractice limitation period
- Neb. Rev. Stat. § 30-810: wrongful death limitation period
- Neb. Rev. Stat. § 25-205(1): written contract limitation period
- Neb. Rev. Stat. § 25-206: credit card / account debt limitation period
- Neb. Rev. Stat. § 25-213: tolling for minors
- Neb. Rev. Stat. § 81-8,227(1): claims against the state
- Neb. Rev. Stat. § 13-919(1): claims against local government
- Neb. Rev. Stat. § 29-110(1), (6)-(9): criminal limitation periods
- Neb. Rev. Stat. § 25-213
- Neb. Rev. Stat. § 25-208
- Neb. Rev. Stat. § 25-228
- Neb. Rev. Stat. § 25-224(2)
- Nebraska small claims (official court self-help)