Nebraska’s civil statute of limitations states victims have four years in a personal injury case to file an accident claim and just two years to file a wrongful death claim. That means you must file a claim or a lawsuit within this timeframe to receive compensation for any losses you’ve suffered. If you wait beyond this time, you may be unable to receive compensation at all.
Understanding the Timeline Requirements
Often, there are two common mistakes after a car accident. A victim tries to file their claim right away and misses key opportunities to claim additional medical compensation they may have in the coming months. Sometimes, an insurance adjuster may push you to do this. The second risk comes when a victim waits too long. While you should wait long enough to know what all of your losses are, you can’t miss these key deadlines.
Your complaint must be filed within a Nebraska court of law within these limitations. If you wait and then try to file, a motion to dismiss your case will occur by the defense. The judge is then forced to throw the case out of court. You don’t receive any compensation. Even if you are negotiating the terms of the settlement with an insurance company, you should file your case in a court of law prior to this date.
You do not have to settle your case within this time. Rather, you need to simply file the claim by the date. Doing so gives you and the insurance company more time to negotiate terms or for you to take more aggressive legal action to force them to pay what the court deems is right and fair compensation.
Don’t Miss Deadlines: Hire an Attorney First
You may think you have a lot of time to worry about filing your claim. Yet, the longer you wait to take action, the higher the risk is of missing key opportunities. Instead, hire a Nebraska car accident attorney who will begin working on your case right away.
At the Law Office of Matthew A. Lathrop, PC, LLO, our team is ready to act to help you protect your right to a fair recovery. Call today for a consultation.