Nebraska Statute of Limitations: Filing Deadlines by Case Type
Nebraska law sets strict deadlines for filing both civil lawsuits and criminal charges. These deadlines are called statutes of limitations. If you miss the filing window, you may lose your right to pursue a case entirely.
Understanding these time limits is critical whether you are a plaintiff considering a lawsuit, a defendant facing charges, or simply someone who wants to know their legal rights. This guide covers every major category of Nebraska statute of limitations, organized by civil and criminal case types.
Nebraska Civil Statute of Limitations
Nebraska's civil statutes of limitations control how long a person has to file a lawsuit after an injury, breach of contract, or other civil wrong. These deadlines typically range from one to ten years depending on the type of claim.
The clock usually starts on the date the injury or breach occurs. However, Nebraska recognizes a "discovery rule" for certain claims. Under the discovery rule, the filing period does not begin until the injured person knew or reasonably should have known about the harm.
If a plaintiff fails to file before the deadline, the defendant can ask the court to dismiss the case. Once dismissed on statute of limitations grounds, the claim is lost permanently.
Personal Injury (4 Years)
Nebraska gives injured persons four years to file a personal injury lawsuit. This deadline applies to car accidents, slip-and-fall injuries, and most other negligence claims. The four-year period is set by Neb. Rev. Stat. 25-207.
The clock starts on the date the injury occurs, not the date the injured person realizes the full extent of the harm.
Assault and Battery (1 Year)
Claims for assault and battery must be filed within one year of the incident under Neb. Rev. Stat. 25-208. This is one of the shortest civil filing windows in the state.
Libel and Slander (1 Year)
Defamation claims, including both libel (written) and slander (spoken), also carry a one-year statute of limitations under Neb. Rev. Stat. 25-208.
Fraud (4 Years)
A fraud claim must be brought within four years under Neb. Rev. Stat. 25-207(4). If the fraud was not discovered within the four-year period, the plaintiff bears the burden of proving the fraud could not reasonably have been discovered sooner.
Injury to Personal Property (4 Years)
Claims for damage to personal property, including actions for taking, detaining, or injuring personal property, must be filed within four years under Neb. Rev. Stat. 25-207(2).
Trespass (4 Years)
Actions for trespass upon real property carry a four-year filing deadline under Neb. Rev. Stat. 25-207(1).
Product Liability (4 Years)
Nebraska applies the same four-year personal injury deadline to product liability claims under Neb. Rev. Stat. 25-207. However, the state also enforces a 10-year statute of repose from the date the product was first sold or leased, regardless of when the injury occurs.
Medical Malpractice (2 Years with Discovery Rule)
Medical malpractice claims in Nebraska follow a special rule. Under Neb. Rev. Stat. 25-222, patients have two years from the date of the alleged negligence to file suit. If the malpractice was not and could not reasonably have been discovered within those two years, the patient has one additional year from the date of discovery to file.
A 10-year statute of repose applies, meaning no medical malpractice claim can be filed more than 10 years after the date of the alleged negligence, regardless of when discovery occurs.
Other Professional Malpractice (2 Years)
General professional malpractice (such as legal malpractice) also carries a two-year statute of limitations under Neb. Rev. Stat. 25-208, subject to the same discovery rule provisions in 25-222.
Written Contracts (5 Years)
A breach of written contract action must be filed within five years under Neb. Rev. Stat. 25-205. This section also governs foreign judgments, which carry the same five-year deadline.
Oral Contracts (4 Years)
Breach of an oral contract must be brought within four years under Neb. Rev. Stat. 25-206. If a contract is partly written and partly oral, the four-year period from this section applies rather than the five-year period for written contracts.
Sale of Goods (UCC, 4 Years)
Breach of warranty claims involving the sale of goods must be brought within four years of tender of delivery under Nebraska UCC 2-725. The parties may agree to reduce this period, but it cannot be shortened to less than one year.
Debt Collection (4-5 Years)
Debts based on a written contract are subject to a five-year statute of limitations under Neb. Rev. Stat. 25-205. Debts based on an oral agreement or an open account carry a four-year deadline under Neb. Rev. Stat. 25-206 and 25-212.
A voluntary payment on a past-due debt restarts the statute of limitations in Nebraska.
Wrongful Death (2 Years)
Wrongful death actions must be filed within two years of the date of death under Neb. Rev. Stat. 30-810. The lawsuit must be brought by the personal representative of the deceased for the benefit of the surviving spouse and next of kin.
If the defendant fraudulently concealed the cause of death, the court may prevent the defendant from using the statute of limitations as a defense.
Workers' Compensation (2 Years)
Workers' compensation claims in Nebraska must be filed within two years under Neb. Rev. Stat. 48-137. The two-year period runs from the date of the workplace accident or from the date of the last benefit payment, whichever is later.
Claims Against the State (2 Years)
All claims against the State of Nebraska must be filed within two years after the claim arises under Neb. Rev. Stat. 25-218. This does not apply to property tax claims.
Real Property Recovery (10 Years)
Actions to recover title or possession of real estate, including adverse possession claims, must be brought within 10 years under Neb. Rev. Stat. 25-202. This is the longest civil statute of limitations in Nebraska.
Civil Statutes of Limitations Summary Table
| Case Type | Time Limit | Statute |
|---|---|---|
| Personal Injury | 4 years | 25-207 |
| Assault and Battery | 1 year | 25-208 |
| Libel/Slander | 1 year | 25-208 |
| Fraud | 4 years | 25-207(4) |
| Injury to Personal Property | 4 years | 25-207(2) |
| Trespass | 4 years | 25-207(1) |
| Product Liability | 4 years (10-year repose) | 25-207 |
| Medical Malpractice | 2 years (+1 year discovery) | 25-222 |
| Other Professional Malpractice | 2 years | 25-208 |
| Written Contracts | 5 years | 25-205 |
| Oral Contracts | 4 years | 25-206 |
| Sale of Goods (UCC) | 4 years | UCC 2-725 |
| Debt on Account | 4 years | 25-212 |
| Wrongful Death | 2 years | 30-810 |
| Workers' Compensation | 2 years | 48-137 |
| Claims Against the State | 2 years | 25-218 |
| Real Property Recovery | 10 years | 25-202 |
Nebraska Criminal Statute of Limitations
Nebraska's criminal statutes of limitations set deadlines for when prosecutors must file charges. The primary statute governing these deadlines is Neb. Rev. Stat. 29-110.
The clock starts when the crime is committed. If a grand jury returns an indictment, the filing date of that indictment controls.
Crimes With No Statute of Limitations
Nebraska places no time limit on prosecuting the following offenses:
- Murder (first degree)
- Sexual assault in the first degree
- Sexual assault in the second degree
- Sexual assault of a child in the first degree
- Sexual assault of a child in the second or third degree
- Sexual assault in the third degree when the victim is under 16 at the time of the offense
- Treason
- Arson
- Forgery
For these crimes, prosecutors can bring charges at any time, no matter how many years have passed.
Crimes Against Children (7 Years or Until Age 16)
When the victim is under 16 years old, the following crimes must be prosecuted within seven years of the offense or within seven years of the victim's 16th birthday, whichever deadline comes later:
- Kidnapping
- False imprisonment
- Child abuse
- Pandering
- Debauching a minor
This extended window gives child victims additional time to come forward after reaching adulthood.
Identity Theft and Related Crimes (5 Years)
Criminal impersonation, identity theft, and identity fraud carry a five-year statute of limitations under Neb. Rev. Stat. 29-110. The same five-year deadline applies to:
- Violations of the Nebraska Securities Act
- Public assistance fraud
Other Felonies (3 Years)
All other felonies not listed above must be prosecuted within three years of the date the crime was committed. This three-year window covers crimes such as burglary, robbery, theft, and drug offenses.
Misdemeanors (18 Months or 1 Year)
Most misdemeanors must be prosecuted within 18 months. Offenses that carry a maximum punishment of a fine under $100 or jail time under three months have a shorter one-year deadline.
Criminal Statutes of Limitations Summary Table
| Crime Category | Time Limit | Statute |
|---|---|---|
| Murder (first degree) | No limit | 29-110 |
| Sexual assault (first/second degree) | No limit | 29-110 |
| Sexual assault of a child | No limit | 29-110 |
| Treason, arson, forgery | No limit | 29-110 |
| Crimes against children under 16 | 7 years or until victim turns 23 | 29-110 |
| Identity theft/criminal impersonation | 5 years | 29-110 |
| Securities Act violations | 5 years | 29-110 |
| Public assistance fraud | 5 years | 29-110 |
| Other felonies | 3 years | 29-110 |
| Most misdemeanors | 18 months | 29-110 |
| Minor misdemeanors | 1 year | 29-110 |
Tolling Rules: When the Clock Pauses
Nebraska law recognizes several situations where the statute of limitations is paused, or "tolled." During tolling, the filing deadline stops counting down and resumes only after the tolling condition ends.
Minors
Under Neb. Rev. Stat. 25-213, if a person is under the age of 20 when their cause of action arises, the statute of limitations does not begin to run until they reach the age of 21. Note that Nebraska's age of majority is 19, but the tolling provision extends to age 21 for statute of limitations purposes.
Mental Disability
The statute of limitations is also tolled for persons with a mental disorder that prevents them from understanding their legal rights or taking legal action. The tolling continues until the disability is removed.
Defendant Flees the State
For criminal cases, Neb. Rev. Stat. 29-110 provides that the time limitations do not apply to any person fleeing from justice. The clock stops while the accused is outside the state avoiding prosecution.
Discovery Rule
For medical malpractice and certain professional negligence claims, the statute does not begin to run until the plaintiff discovers or reasonably should have discovered the injury. This is codified in Neb. Rev. Stat. 25-222.
How Nebraska Compares to Neighboring States
Nebraska's four-year personal injury deadline is longer than some neighboring states. Iowa allows only two years for personal injury claims, while Kansas and South Dakota each allow two years. Colorado and Wyoming also set two-year limits. Missouri provides five years for personal injury, making it one of the more generous states in the region.
For written contracts, Nebraska's five-year deadline falls in the middle of the range. Iowa allows 10 years, while Kansas allows five years.
More Nebraska Laws
Sources and References
- Neb. Rev. Stat. 25-207 - Four-Year Statute of Limitations(nebraskalegislature.gov).gov
- Neb. Rev. Stat. 25-208 - One-Year and Two-Year Limitations(nebraskalegislature.gov).gov
- Neb. Rev. Stat. 25-205 - Written Contracts (5 Years)(nebraskalegislature.gov).gov
- Neb. Rev. Stat. 25-206 - Oral Contracts (4 Years)(nebraskalegislature.gov).gov
- Neb. Rev. Stat. 25-222 - Professional Negligence / Medical Malpractice(nebraskalegislature.gov).gov
- Neb. Rev. Stat. 25-202 - Real Property Recovery (10 Years)(nebraskalegislature.gov).gov
- Neb. Rev. Stat. 25-213 - Tolling for Minors and Disability(nebraskalegislature.gov).gov
- Neb. Rev. Stat. 25-218 - Claims Against the State(nebraskalegislature.gov).gov
- Neb. Rev. Stat. 29-110 - Criminal Statute of Limitations(nebraskalegislature.gov).gov
- Neb. Rev. Stat. 30-810 - Wrongful Death (2 Years)(nebraskalegislature.gov).gov
- Neb. Rev. Stat. 48-137 - Workers Compensation (2 Years)(nebraskalegislature.gov).gov
- Nebraska UCC 2-725 - Sale of Goods (4 Years)(nebraskalegislature.gov).gov