Timing Matters

Car accidents can be traumatic and can have serious repercussions. In the aftermath of an accident, it's natural to have questions about the legal process and the time frame within which you can take legal action if you were hurt. This article provides valuable information about the timeline for filing a lawsuit in the event of a car accident. 

Statute of Limitations 
In legal terms, the timeframe during which you can file a lawsuit or a legal claim is called the "statute of limitations." These deadlines can vary by state and the type of case you have. In general, if you are involved in a car accident and want to file a personal injury claim, you typically have between one to four years to do so.

In Nebraska, if you have been injured in a car accident or if your car has been damaged, under Nebraska Revised Statute 25-107, the statute of limitations is four years from the date of the accident.

If you have been injured at work, under Nebraska Revised Statute 48-137, the statute of limitations is two years from the date of the work-related accident.  

Why Time Matters: It's important to know that if you wait too long to take legal action, you might not be able to do it at all.

• Loss of Legal Rights: If you miss the deadline, you may lose the right to sue someone or something that caused you harm. 
• Diminished Evidence: As time goes by, the evidence that can help you prove your case might become weaker or disappear, making it harder to build a strong case.
• Insurance Challenges: Insurance companies often require prompt notification of accidents. If you have insurance, they'll likely need to be told about the accident soon after it occurred. Waiting too long can create problems with your insurance claim.
  
  

Factors Affecting Timing: Several factors influence the timing of a lawsuit, including:

• Injuries: It's generally best to wait until you've reached maximum medical improvement or have a clear understanding of your long-term prognosis before finalizing any settlement.
• Negotiations: Many cases can be resolved without going to court through negotiations with the insurance company of the person or company that caused the injury. These negotiations can take time, but they may prevent the need for a lawsuit. 
• Liability Disputes: If there's a disagreement over who's at fault, it can take longer to gather the necessary evidence and figure out who should be held responsible.

The Bottom Line

While there are statutes of limitations, it's best not to delay taking action if you're considering a lawsuit. Consult with an attorney as soon as possible after a car accident to discuss your options and ensure you don't miss important deadlines. It's essential to act promptly to protect your legal rights and build a strong case.