A phrase that reads one way, but means another
Neb. Rev. Stat. § 25-213 tolls the statute of limitations for a person who, at the time a cause of action accrued, was "within the age of twenty years." Taken at face value, that phrasing could easily be read as applying only up through age 20. But Nebraska courts have directly addressed this exact question and settled it: "one is 'within the age of twenty years' until he or she becomes 21 years old." In other words, the protection genuinely runs through a person's entire 20th year of life, ending only at their 21st birthday.
Why this genuinely matters
Someone reading the statute's text too literally — or assuming it mirrors the more common "tolled until 18" rule used in many other states — could seriously miscalculate when a minor's own filing window actually closes in Nebraska. Confirming that this tolling protection genuinely extends through age 20, closing only at 21, is a worthwhile first step in any Nebraska case involving someone who was a minor at the time of injury.
A real, specific carve-out: product liability repose
This tolling rule isn't absolute, though. The Nebraska Supreme Court has held that the state's ten-year statute of repose for product liability claims, codified separately, applies "notwithstanding any other statutory provision to the contrary" — and that this language specifically overrides the general infancy tolling protection in § 25-213. In practical terms, a minor's product liability claim can still be cut off by the ten-year repose period even while they're still within the age that would otherwise toll an ordinary claim.
The rule does reach medical malpractice
By contrast, Nebraska courts have confirmed that the tolling provision does extend to medical malpractice claims — the legislature, by not specifically excluding professional negligence from the statute's scope, has been read as intending the general tolling rule to apply there as well.
Beyond minors: mental disorder and imprisonment
The same § 25-213 provision also tolls deadlines for a person who has a mental disorder, or who is imprisoned, at the time the cause of action accrues — extending the same basic protection beyond minors alone.
What doesn't pause the clock
A genuinely common and costly misunderstanding: actively negotiating a settlement with an insurance company does not toll or pause Nebraska's filing deadline. The clock keeps running the entire time talks are ongoing, regardless of how close the parties seem to a resolution.