A statute of limitations is a legal concept that sets a specific time limit within which a legal action can be initiated. The primary purpose of a statute of limitations is to ensure that legal disputes are resolved in a timely manner and to protect defendants from defending themselves against claims that have become stale over time. For personal injury claims, including car accident claims, the deadline varies from one jurisdiction to another. The statute of limitations on car accidents in Omaha, as it is for all of the state of Nebraska, is generally four years from the date the accident occurred.
This car accident claims statute only deviates from the four-year time frame under certain circumstances. If you fail to file a lawsuit within this timeframe, you will be unable to recover compensation through the court.
For this reason, you should seek professional guidance from an Omaha car accident lawyer at Berry Law before initiating a legal claim through the court. One of our car accident lawyers can help ensure your case adheres to the statute of limitations for Omaha car accident cases.
What are Some Exceptions to the Statute of Limitations for Car Accident Claims in Omaha?
While the car accident statute is four years from the date the injury occurred, there are some exceptions that can shorten or lengthen this deadline. In most cases, this would be the date of your car accident. However, in some cases, you may not discover your injury until later. The statute of limitations period does not begin until you realize your injury.
Cases Involving a Minor Child
In cases involving a minor child, the statute of limitations is still four years, but the clock does not begin ticking until the child reaches the age of maturity, which is 19 in the state of Nebraska.
Cases Involving Medical Malpractice
Medical malpractice occurs when a healthcare professional, through a negligent act or omission, deviates from the standard of care, resulting in injury or death to a patient. In situations involving medical malpractice, the Nebraska-Medical Liability Act provides a two-year statute of limitations from the date of the practitioner’s wrongdoing. However, if the cause of action could not have been reasonably discovered within two years, then the action may be brought within one year of the date of the discovery of malpractice.
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Cases Involving Wrongful Death
A wrongful death is a personal injury claim brought by family members and dependents of an individual who lost a loved one due to the negligent or careless acts of another person or party. In Nebraska, family members have two years from the date of the person’s death to file a wrongful death claim in civil court.
Cases Against Government Agencies
When the government causes a car crash, the statute of limitations is shortened to either one or two years, depending on what type of government agency is responsible. With these and other nuances in civil law, it is best to consult with a local attorney before filing a claim.
Ways a Car Accident Lawyer Can Protect Your Right to Sue
A lawyer can be instrumental in helping you with your car accident claim in several ways, ensuring you have the best chance of receiving fair compensation for your injuries and damages.
A lawyer understands the relevant laws and regulations in Omaha and can provide you with expert legal advice tailored to your specific case. They can conduct a thorough investigation of the accident, collecting evidence such as police reports, witness statements, photographs, and medical records. This helps establish liability and strengthens your case.
Determining fault is crucial in a car accident claim. Your lawyer can work to establish liability by gathering evidence and negotiating with the other party’s insurance company or legal representation. Insurance companies often try to minimize payouts. An attorney can communicate and negotiate with the insurance company on your behalf to ensure you receive fair compensation for medical bills, property damage, and pain and suffering.
Remember that consulting with a lawyer early in the process can be beneficial, as they can help you gather evidence and make informed decisions from the outset. And, importantly, they can ensure you don’t miss any important filing deadlines.
A Car Accident Attorney Can Ensure You Don’t Miss the Statute of Limitations for a Car Accident Claim
Time limits for filing civil lawsuits can be confusing, especially when you’re dealing with car accident injuries. An experienced attorney can help you understand the relevant statute of limitations and ensure you take the appropriate actions within the required timeframe.
The car accident attorneys at Berry Law are familiar with the statute of limitations for Omaha car accident cases and can recognize whether your deadline to file is approaching. We can help preserve your right to pursue compensation from the at-fault person or organization. Remember, time is limited for seeking compensation through the court system. Contact Berry Law today for your free consultation and case evaluation.