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If you’ve been injured in a car accident in Nebraska, it’s crucial to understand the statute of limitations for filing a personal injury claim. The statute of limitations is the time limit within which you must take legal action, or you risk losing your opportunity to seek compensation for your injuries, medical bills, damage to your vehicle, and other losses.
If you’re wondering, “How long after a car accident can you claim injury?” Mueller Schmidt Mulholland & Cooling has the answers. Our experienced Omaha car accident attorneys help auto accident victims get the justice they deserve. Part of this process means making sure we meet all critical deadlines.
The Four-Year Statute of Limitations in Nebraska
So, just how long after a car accident can you claim injury? What is the bodily injury statute of limitations? Under Nebraska Revised Statute 25-207, you have four years from the date of a car accident to file a lawsuit against any at-fault drivers and pursue compensation for your injuries and other losses. It’s important to note that the four-year period usually starts on the date of the accident. If you don’t file a lawsuit within four years, you may lose your right to seek the compensation you need and deserve.
Although four years may seem like a long amount of time, it’s best to consult with an experienced personal injury attorney as soon as possible after an accident. Waiting to take action can make it more challenging to recover compensation because memories fade and some types of physical evidence can deteriorate or otherwise become unusable or inaccessible.
Exceptions to the Four-Year Statute of Limitations
While the four-year statute of limitations applies to most car accident claims in Nebraska, some exceptions can extend the deadline. Tolling statute of limitations in certain cases only applies:
- If the injured person is a minor, the four-year clock doesn’t start until they turn 20.
- If the injured person has a mental disorder at the time of the accident, they may receive additional time to file a claim. This extension applies only after being declared legally competent.
Don’t know how long after a car accident can injuries appear? Any delayed symptoms after car accident can be known and discovered late. In some cases where the injury wasn’t immediately discovered due to no fault of the victim, the “discovery rule” may delay the start of the four-year clock. This extension lasts only until the injury is discovered or reasonably should have been discovered.
However, these exceptions are not automatic and do not apply to all claims processes. It’s always best to consult with a lawyer to determine the specific applicable statute of limitations that applies to your unique situation. This will ensure you’re acting in time to meet state law-mandated critical legal deadlines.
What Needs to Happen Before the Time Limit Expires?
After a car accident in Nebraska, the clock starts ticking on your ability to seek compensation. There are several key steps you and your lawyer should take before the statute of limitations expires to protect your rights:
- Seek medical attention and follow your treatment plan consistently. This is the most important thing you can do to create a record of your injuries and get the treatment you need so you can move on with your life.
- Gather evidence about the accident quickly, as it becomes harder to obtain over time. Your lawyer will investigate the crash and secure crucial information to build your case.
- Identify who caused the accident. This can impact the deadline for filing a lawsuit and who your lawyer will pursue for compensation.
- Calculate the full extent of your losses. This includes medical expenses, lost income, and pain and suffering. Your lawyer will do this for you while you focus on your recovery.
- Attempt to negotiate a settlement with the at-fault party’s insurance company. This process takes time, but your attorney will aggressively seek a fair resolution on your behalf.
- If you cannot reach a settlement, your lawyer might advise you to file a lawsuit. This involves drafting the necessary paperwork and compiling evidence before the statute of limitations runs out.
Don’t Wait. Call a Nebraska Car Accident Lawyer Today
If you or a loved one has been injured in a car accident in Nebraska, you must act quickly. When you reach out to the Omaha car accident lawyers at Mueller Schmidt Mulholland & Cooling, we’ll take the time to get to know you personally and understand every detail of your case to effectively advocate on your behalf. With millions of dollars in verdicts and settlements obtained for our clients each year, our law firm’s track record speaks for itself.
Don’t let the statute of limitations expire on your car accident claim and your ability to seek the justice you deserve. Contact us at 402-999-9000 or reach out to us online for a free consultation today.
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