Omaha Car Accident Statute of Limitations | Filing a Claim

Omaha Car Accident Statute of Limitations

With Omaha’s growing population, that also means there are more cars than ever on the roads. With more cars, come more accidents. Automobile accidents can happen suddenly, and when they do, many people want to forget about the dreadful event as soon as it happens. However, it is important to contact an experienced attorney who knows about Omaha car accident statute of limitations as soon as you can. We can give you the counsel you need to help you make a stronger recovery.

Statute of Limitations Regarding Car Accidents

In Nebraska, the normal statute of limitations is four years for injuries from a car collision. That can vary if you have an accident with a city police officer or another governmental vehicle and could be as short as one year. The statute of limitations is a time period set by law that requires the victim to either settle their case or file a lawsuit against the at-fault party. If the case is not settled or filed as a lawsuit before the end of the limitations period, you are prohibited from suing the at-fault party.

Calculating the Statute of Limitations

Omaha car accident statute of limitations is calculated from the date of the accident. You have a four-year period from the date of the accident to settle their case or file a lawsuit. If you do not take action, you lose all of their rights and can never go after the person who caused the injury.

If you are a minor, your statute of limitations does not start running until you reach the age of majority, which is 19 in Nebraska. The statute of limitations for a minor is four years after you turn 19. If you have a disability, the statute of limitations does not ever start running because you are incapable of understanding the right to pursue a case.

What Happens if a Trial Goes Beyond the Statute of Limitations?

If a trial goes beyond the Omaha car accident statute of limitation and you have filed a lawsuit, you are protected under the law and are allowed to pursue your claims in court. However, if you fail to file the claim and settle the case, or you fail to file the lawsuit prior to the statute of limitations, you lose your right to file the lawsuit.

If you fail to resolve your case or file a lawsuit before the statute of limitations, you can never go after anybody for any money related to that accident. You lose all of those rights.

Once the lawsuit is filed and the lawsuit documents have been properly served on the defendant the statute of limitations stops. Once you file a lawsuit, the statute of limitations is no longer a factor in the case. It is important that you file the lawsuit before the statute of limitations is up.

Contact an Attorney Today

An attorney from Inkelaar Law who knows about the Omaha car accident statute of limitations can assist you in getting all the information needed to file a claim. To fully understand what you are entitled to, it is best to contact an attorney. Usually, an attorney can answer the person’s questions initially without a consultation fee. Here at Inkelaar Law, we offer a free consultation.