Nebraska: Why "Age Twenty" Actually Means 21

Read the statute literally and you'd expect a minor's protection to end at 20. Nebraska's own courts say that's wrong.

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.

Nebraska discovery rule & tolling — frequently asked questions

What does Nebraska's phrase "within the age of twenty years" actually mean?

Nebraska courts have specifically held that a person is "within the age of twenty years" until they turn 21 — so the tolling protection in the statute genuinely runs through a person's 20th year, ending at their 21st birthday.

Does this tolling rule apply to every Nebraska deadline?

Mostly, but not entirely. The Nebraska Supreme Court has held that the ten-year statute of repose for product liability claims specifically overrides this infancy tolling provision, since the repose statute applies "notwithstanding any other statutory provision to the contrary."

Does Nebraska's tolling statute cover more than just minors?

Yes. The same provision, § 25-213, also tolls deadlines for a person with a mental disorder or a person who is imprisoned at the time the cause of action accrued.

Does tolling apply to Nebraska medical malpractice claims against minors?

Yes. Nebraska courts have held that the time limits for commencing a malpractice action are not excluded from the general tolling provision, meaning the age-21 rule generally extends to malpractice claims too.

Does negotiating with an insurance adjuster pause Nebraska's statute of limitations?

No. Settlement negotiations do not toll or pause the filing deadline. The clock keeps running regardless of how active the negotiations are.

This page provides general guidance only and is not legal advice. Figures are based on Nebraska statute and case law (Neb. Rev. Stat. § 25-213), verified per our methodology. Whether tolling applies to a specific situation depends on its facts. Confirm with a licensed Nebraska attorney before acting.