Nebraska

Advocacy

BRAIN INJURY ALLIANCE OF NEBRASKA

Phone:  (402) 890-0606

Email:  [email protected]

Executive Director:  Peggy Reisher

Nebraska Advocacy Services, Inc
134 South 13th Street, Suite 600, Lincoln, NE 68508
Phone (402) 474-3183

Acquired Brain Injury Vocational Rehabilitation – Nebraska TBI Advisory Council
315 W. 60th Street, Suite 400, Kearney, NE 68845-1504
Phone (308) 865-5012, (308) 390-1721 (Cell)
Email [email protected]
Program Director Keri Bennett

Funding

Dept. of Health & Human Services
P.O. Box 94728, Lincoln, NE 68509
Phone (402) 479-5117

Division of Vocational Rehab Services – Nebraska Dept. of Education
301 Centennial Mall South, P.O. Box 94987, Lincoln, NE 68509
Phone (402) 471-3656
Toll Free (800) 742-7594
TBI Medicaid Waiver Program and Community Services Nebraska Dept. of Health & Human Services
P.O. Box 95026, Lincoln, NE 68509-5026
Toll Free 1-(800)-358-8802

Support

Good Samaritan Health Systems
10 East 31st, Kearney, NE 68848
Phone (308) 865-7189
Toll Free (800) 584-9311
Fax (308) 865-2947
Email [email protected]
Madonna Rehabilitation Hospital
5401 S. Street, Lincoln, NE 68506-2134
Phone (402) 413-3000
Toll Free (402) 483-8368
Fax (402) 483-8368
Website www.madonna.org
Email [email protected]
Phone – Hearing Impaired (TDD/TDDY) (402) 483-9416
Nebraska Assistive Technology Partnership
3901 N. 27th St., Ste. 5, Lincoln, NE 68521
Phone (402) 471-3647
Email [email protected]
Coordinator Nancy Noha

Statute of Limitations and Repose

How to use this list of Nebraska Statutes of Limitations and Repose

  • “General Tort” is the statute of limitations for most personal injury or negligence claims (e.g., car accidents, slip and fall, general liability).
  • “Medical Malpractice is the statute of limitations for lawsuits against healthcare providers and hospitals for alleged negligence or errors in medical care.  The phrase “from act/omission” = Time starts from the date of the alleged malpractice. The phrase “from discovery” = Time starts from when the injury was discovered or should have been discovered. The medical malpractice statute of repose is an absolute deadline after the act of malpractice, regardless of when the injury is discovered. After this period, no claim can be brought, even if the injury was not discovered until later.
  •  “Products Liability”is the statute of limitations for claims involving injuries caused by defective or dangerous products. The products liability statute of repose is the maximum time after the product was manufactured, sold, or delivered that a lawsuit may be filed, regardless of when the injury occurred or was discovered.
  • “Workers’ Compensation” is statute of limitations for filing a workers’ compensation claim for work-related injuries or occupational diseases.  The following phrases apply: “from injury” = Time starts from the date of the injury; “from last payment” = Time starts from the date of the last payment; “from knowledge/discovery” = Time starts from when the injury or occupational disease was, or should have been, discovered; “from first symptom” = For occupational diseases, time starts from first manifestation of symptoms; and “from act/discovery” = Whichever is later, the date of the act or the date the injury was discovered.
  • Each entry includes the relevant statute citation for your further research or verification. And “N/A” means that there is no statute of repose or not applicable for that claim type in that state.

Remember that statute of limitations and repose can change, so it is essential to:

  • Confirm the current law as soon as possible.
  • Remember that there is no substitute for consulting an experienced attorney on a potential legal matter as soon as possible.
  • Remember that the facts of the case can alter or change the Statutes of Limitations.

General Tort: Neb. Rev. Stat. § 25-207 (4 years)

Medical Malpractice: Neb. Rev. Stat. § 44-2828 (2 years from act/1 year from discovery, 10 years repose)

Products Liability: Neb. Rev. Stat. § 25-224 (4 years); Neb. Rev. Stat. § 25-224(2) (10 years repose)

Workers’ Comp: Neb. Rev. Stat. § 48-137 (2 years from injury/last payment)