Nursing Home Negligence or Abuse
- Four years from when the injury was discovered, or reasonably should have been discovered.
Statute of Limitations
- Generally, two years. Case cannot be filed more than 10 years from date of injury.
- If injury is not discovered within the two year period, case must be filed within one year from date injury is discovered or reasonably should have been discovered. Neb. Rev. Stat §§ 25-222 and 44-2828
- If injured is under 21 or suffers from mental disability, the statute of limitations does not begin to run until the disability is lifted. Neb. Rev. Stat. §25-213
- Two years from the date of death.
- If the death is the result of medical malpractice, the action must be filed within two years of the last date when professional services were provided.
- The cap on total damages under the Nebraska Hospital-Medical Liability Act, all healthcare providers, and the Excess Liability Fund varies according to the date of injury.
- Damages are limited to $1,750,000 for injuries occurring after December 31, 2003.
- Qualified health care providers are not liable to any patient for more than $500,000. Any judgement or settlement that is in excess of this amount will be paid from the Excess Liability Fund.
- Nebraska does not allow the recovery of punitive damages.
The information provided here was prepared by the Pintas & Mullins Law Firm for research and informational purposes only. It does not constitute legal advice or an attorney-client relationship. While we try to keep this information current, the law is subject to change and it may not be reflected here immediately.
The Pintas & Mullins Law Firm expressly disclaims all liability with respect to actions taken or not taken based on the information provided. If you have a legal question or problem, please consult an attorney immediately.