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What Is the Statute of Limitations in Nebraska?
In Nebraska, the statute of limitations dictates the timeframe within which you may file a lawsuit or legal action for specific offenses. You lose the right to file a lawsuit after the timeframe expires.
The statute of limitations in Nebraska is not the same for all crimes. The timeframe may differ based on the crime type and severity, discovery date, and the victim’s age. Case in point: you must file a legal action for libel within one year after the incident or discovery date. However, the statute of limitations is four years for personal injury or property damage.
Nebraska imposes statutes of limitations to protect all concerned parties and to ensure an efficient court system. Defendants, on one hand, are protected from the burden of dealing with lawsuits long after an incident occurred. For aggrieved parties, the statute of limitations encourages them to seek timely justice while the evidence is still reliable.
How Long Is the Statute of Limitations in Nebraska?
The time limits for filing a lawsuit in Nebraska largely depends on the crime type, severity, discovery date, and the victim’s age. For instance, civil offenses generally have a shorter time limit than criminal offenses. The time limit for filing civil action may vary between 2 and 10 years. In contrast, some serious criminal offenses like treason and murder do not have statutory time limits. This means victims or plaintiffs may file legal actions at any time after the incident.
The state may extend the duration under the discovery rule. Under the rule, the statute of limitations runs after the victim or plaintiff discovers the incident. Other factors, such as the defendant’s availability, may also affect the duration of the limit. Nebraska generally suspends the statute of limitations when the defendant is out of state.
| Case Type | Statute of Limitations | Note |
|---|---|---|
| Misdemeanors | 18 months | Exceptions may include misdemeanors that are punishable by fines up to $100 or 2 to 3 months imprisonment. Such offenses have a 12-month statute of limitations. |
| Felony | 3 to 6 years | Severe felonies, such as sex crimes against minors, have no statutory time limit. |
| Infractions | 12 months | |
| Civil Statutes | 1 to 10 years |
What Crimes Have No Statute of Limitations in Nebraska
In Nebraska, most violent felonies and sex-related crimes have no statute of limitations. This means the crimes may be prosecuted at any time in Nebraska. The state generally imposes no time limit on such crimes due to these reasons:
- They have severe and life-changing impact on their victims and society.
- It is difficult to detect them early, as victims are often unable to speak up on time.
- The state aims to ensure that perpetrators are held accountable regardless of when the crime occurred.
The list below outlines crimes with no statute of limitations in Nebraska.
- Murder
- Labor trafficking
- Arson
- Treason
- Incest
- Forgery
- Sex trafficking
- Child pornography
- First-degree sexual assault
- Second-degree sexual assault
- Second- or third-degree assault, victim 14 or younger
- Third-degree assault, victim 16 or younger
Criminal Statute of Limitations in Nebraska
In Nebraska, criminal statutes of limitations are time limits for filing a cause of action for criminal incidents. The statutes help to ensure speedy justice and also prevent defendants from having to worry about pending criminal charges.
The criminal statute of limitations in Nebraska may vary based on the crime severity and discovery date. Based on crime severity, misdemeanors have an 18-month time limit. However, felony time limits in Nebraska may run from 3 to 6 years after the incident. In the case of felonies like identity fraud, the statute of limitations may start counting from the discovery date.
The time limit might extend when the defendant is evasive or outside the state’s jurisdiction. Note that some felony crimes have no time limit due to their debilitating effect on lives.
Criminal offenses and statutes of limitations in Nebraska
| Type of Offense | Statute of Limitations |
|---|---|
| Neglect, abuse, or exploitation of seniors or vulnerable adults | Six years from the date of the incident or discovery. |
| Fraud-related offenses like identity theft, criminal impersonation, or public assistance fraud | Five years from the incident or discovery date. |
| Other felonies | 3 years from the incident date. |
| Treason | No limit. |
| Murder | No limit. |
| Arson | No limit. |
| Forgery | No limit. |
| First- and second-degree sexual assault | No limit. |
| Sex-related crimes in which the victim was a minor. | No limit. |
Is There a Statute of Limitations on Attempted Murder?
In Nebraska, the statute of limitations for attempted murder is three years after the incident or discovery date. This means a prosecutor or plaintiff may legally file a legal action for such offenses within the set timeframe.
The state in State v. White, 239 Neb. 554, 477 N.W.2d 24 (1991), was able to distinguish between attempted murder and homicide in terms of statute of limitations and penalty. Thus, murder offenses have no time limits and may be prosecuted anytime after the incident.
Statute of Limitations on Sexual Assault in Nebraska
The sexual assault statute of limitations in Nebraska is the time limit for filing sexual abuse claims. Per the Nebraska Revised Statutes 29-110 (11), there is no statute of limitations for sexual assault in the first and second degrees. The state imposes the same no-limit rule even if the victim was a minor at the time of the incident.
However, sexual assault in the third degree has a time limit. Legal proceedings against the perpetrator must commence within 18 months after the incident. In Nebraska statutes, there is no specific mention of whether the discovery rule applies to third-degree sexual assaults.
Civil Statute of Limitations in Nebraska
Civil statutes of limitations in Nebraska dictate the time limit for filing civil actions. You are legally unable to file an action after the statute of limitations expires. However, there are exceptions that may extend, suspend, or reactivate the statute of limitations. The discovery rule, for instance, allows the statute of limitations to start counting from the date the offense was discovered. The state may also extend the time limit if the injured party is legally incapacitated.
Note that the time limit may differ based on the incident and discovery date. For example, you must file a civil action for personal injury within four years after the incident. However, the statute of limitations is 2 years for wrongful death or professional malpractice. Other examples of civil crimes and their corresponding time limits are outlined in the table below.
| Case | Time Since | The Law |
|---|---|---|
| Libel, defamation, or slander | One year from the incident or discovery date. | Neb. Rev. Stat. §25-208 |
| Fraud | Four years from the incident or discovery date. | Neb. Rev. Stat. §25-207 |
| Personal injury or injury to personal property | Four years from the incident or discovery date. | Neb. Rev. Stat. §25-207 |
| Trespass | Four years from the incident or discovery date. | Neb. Rev. Stat. §25-207 |
| Oral contracts | Four years from the incident or discovery date. | Neb. Rev. Stat. §25-206 |
| Debt collection on oral agreement | Four years from the incident or discovery date. | Neb. Rev. Stat. §25-206 |
| Debt collection on a written agreement | Four years from the incident or discovery date. | Neb. Rev. Stat. §25-205 |
| Recovery of real estate | Four years from the incident or discovery date. | § 25-202 |
Statute of Limitations for Medical Malpractice in Nebraska
In Nebraska, the statute of limitations for medical malpractice is two years from the incident date. This means you may legally file a lawsuit for medical malpractice within two years after the incident. The Nebraska Hospital-Medical Liability Act allows you to file a claim within one year of discovering the incident, irrespective of the incident date.
Note that the malpractice claim deadline applies to all forms of the incident, irrespective of the victim’s age. Note that the timeframe may extend if the perpetrator is outside the state’s jurisdiction.
| Medical malpractice offenses | Statute of Limitations |
|---|---|
| Misdiagnosis | Two years from the incident date or one year after discovery. |
| Medication errors | Two years from the incident date or one year after discovery. |
| Surgical errors | Two years from the incident date or one year after discovery. |
| Negligent treatment | Two years from the incident date or one year after discovery. |
| Failure to obtain informed consent | Two years from the incident date or one year after discovery. |
Statute of Limitations for Debt in Nebraska
In Nebraska, there’s a statute of limitations for debt collection. State law allows creditors to file claims legally within this timeframe. Note that the timeframe may differ based on the type of debt contract. Case in point: The NRS 25-205 imposes a 5-year statute of limitations on reclaiming debts incurred through written contracts. However, the time limit is four years if the debt was incurred via a verbal agreement or contract. Unpaid credit card debts in Nebraska also have a 4-year time limit.
Nebraska law suspends debt collection lawsuits when the defendant is outside the state’s jurisdiction.
Note: The debt statute of limitations in Nebraska does not nullify debts. Instead, the debt remains visible on credit score checks and may affect the debtor’s credit ratings.
| Type of Debt | Statute of Limitations |
|---|---|
| Debts from written contracts | Five years from the date of the last payment. |
| Debts from oral contracts | Four years from the date of the last payment or acknowledgement of the debt. |
| Private student loans | Five years. |
| Federal student loans | No statute of limitations. |
| Credit card debts | Four years. |
Statute of Limitations for Child Abuse and Child Support in Nebraska
Nebraska’s statute of limitations for child abuse is seven years after the incident or seven years after the victim’s 16th birthday. Within this timeframe, the state or plaintiff may file a legal action before the magistrate to initiate a criminal or civil case proceeding. However, there is no statute of limitations for child support. In other words, a custodial parent may enforce child support payment in Nebraska at any time, even after the child’s 19th birthday.