Wrongful Death Deadline vs. Personal Injury Statute of Limitations

By the FigureMyTax Editorial Team · How we calculate

A Nebraska family has two years from the death, which is shorter than the four years the injured person would have had.

Two years from death

Under Neb. Rev. Stat. 30-810, every wrongful death action must be commenced within two years after the death.

Compared with an injury claim

Most personal injury claims get four years under Neb. Rev. Stat. 25-207. So the family's deadline can be shorter than the injured person's would have been.

Medical malpractice

For a death from malpractice, the two years run from the provider's act or omission, not from the death, and a ten-year outer limit applies.

Local governments

A claim against a political subdivision is forever barred unless made in writing to the governing body within one year after it accrues, and suit must be begun within two years.

The state

Under the State Tort Claims Act, a claim must be made in writing to the Risk Manager within two years after it accrued.

This is general information, not legal advice, and the state comparisons above are illustrative, not an exhaustive survey. Confirm how Nebraska's rules apply to your specific case with a licensed Nebraska attorney.