Nebraska: Two Separate Government Claims Acts, Explained

Which government you're suing in Nebraska genuinely determines which rulebook applies — and the two don't look quite the same.

The state itself: the State Tort Claims Act

A claim against the state of Nebraska directly runs through the State Tort Claims Act, which generally gives a claimant two years to file a written claim — typically with the state's Risk Manager — before pursuing the matter further.

Cities, counties, and other local entities: the PSTCA

A claim against a city, county, or other local political subdivision instead runs through the Political Subdivisions Tort Claims Act (PSTCA). Under this act, every claim is "forever barred" unless the lawsuit itself begins within two years after the claim accrued — but layered on top of that overall deadline is a separate requirement that written notice of the claim be filed with the designated local official within one year, as a genuine condition precedent to suit.

Real extensions when a claim is still pending

Nebraska courts have recognized exceptions that can extend the underlying two-year PSTCA limitation by up to six months in certain circumstances — particularly when less than six months remain on the clock at the time a political subdivision's governing board makes its final determination on the claim. This gives claimants real additional room when a government's own review process eats into the available filing time.

Strict compliance, genuinely enforced

Nebraska courts have been clear that strict compliance with the PSTCA's presentment requirement is necessary — and that failing to file the claim with the correctly designated official can be fatal to a suit even where the underlying purpose of giving notice was otherwise served. This is a real, substantive requirement, not a mere formality.

A distinctive wrinkle for malpractice against a political subdivision hospital

Nebraska courts have specifically applied the PSTCA's one-year presentment requirement as a genuine condition precedent to a wrongful death suit premised on medical malpractice at a political subdivision hospital — and have held that electing coverage under the separate Nebraska Hospital-Medical Liability Act doesn't excuse a claimant from also satisfying this PSTCA notice step.

Why confirming which act applies matters immediately

Because the state and its political subdivisions are governed by genuinely different acts, with different officials to notify and different timing mechanics, identifying exactly which governmental entity is actually involved — and which act therefore applies — is an essential first step in any Nebraska government claim.

Nebraska government claim deadlines — frequently asked questions

Which act governs a claim against the state of Nebraska itself?

The State Tort Claims Act, which generally gives two years to file a written claim with the state's Risk Manager.

Which act governs a claim against a Nebraska city, county, or other local entity?

The Political Subdivisions Tort Claims Act (PSTCA), which carries an overall two-year limitation under § 13-919, with a separate one-year notice-of-claim requirement as a condition precedent to suit.

What happens if the two-year PSTCA deadline is about to run while a claim is still pending?

The time to file suit can be extended by up to six months from the date the political subdivision mails its final determination, in certain circumstances where less time otherwise remains.

Is the PSTCA notice requirement strictly enforced?

Yes. Nebraska courts have described strict compliance with the presentment requirement as necessary, and failure to properly file a claim with the designated official can be fatal even when the underlying purpose of the notice was otherwise served.

Does a malpractice claim against a political subdivision hospital follow a different notice timeline?

Yes — Nebraska courts have specifically applied a 1-year presentment requirement as a condition precedent to a wrongful death suit premised on medical malpractice against a political subdivision hospital.

This page provides general guidance only and is not legal advice. Figures are based on Nebraska statute and case law (Neb. Rev. Stat. § 13-905, § 13-919, § 13-920, § 25-213), verified per our methodology. Confirm the exact requirements for a specific government claim with a licensed Nebraska attorney before acting.