Statute of Limitations for Personal Injury Cases: What You Need To Know

If you’ve been injured and are thinking about filing a personal injury lawsuit, you might be wondering how much time you have to take action. The answer depends on the statute of limitations. This is the legal deadline for filing a claim, and missing it shuts the door on your case. Learn about the personal injury lawsuit timeline and the importance of acting promptly.

The Statute of Limitations for Personal Injury Cases

The time limit for personal injury claims depends on where your injury occurred. In Iowa, the personal injury statute of limitations is generally two years from the date of the injury. Meanwhile, Nebraska offers more lenient deadlines, with a four-year statute of limitations applied to most personal injury claims.

These timelines reflect the differences in state laws for injury claims. Whether your accident happened in Council Bluffs, IA, or Omaha, NE, knowing how long you have to file a personal injury claim is vital to protecting your rights.

Factors Affecting the Statute of Limitations

Rather than being a straightforward deadline, the statute of limitations has many exceptions. Here are the factors that affect the time limit for personal injury claims:

• State rules: As previously mentioned, the statute of limitations depends on the state where the injury occurred. Iowa and Nebraska have different personal injury lawsuit timelines, and other states have their own rules as well.
• Special circumstances: In cases involving minors, the clock doesn’t start until the victim reaches adulthood. Claims against government entities often have deadlines as short as six months. And when fraud or ongoing harm is involved, courts might allow exceptions to the statute of limitations.
• Tolling the statute: Some circumstances can pause or “toll” the statute of limitations. For instance, if the defendant leaves the state, the clock may stop until they return. The statute might also be tolled if the plaintiff is mentally incapacitated or otherwise unable to file a claim within the normal time frame.

How the Statute of Limitations Affects Your Case

The statute of limitations directly impacts your ability to pursue justice. Filing a lawsuit after the deadline typically results in immediate dismissal, regardless of how strong your case might be. Courts rarely grant exceptions, and even if they do, the burden of proof is on you to justify the delay.

Beyond the legal deadline, waiting too long to file a claim harms your case in other ways. Evidence may be lost over time, such as surveillance footage being erased or physical evidence deteriorating. Witnesses’ memories also fade, making their statements less reliable. Acting quickly after an injury is the best way to build a strong case.

Tips for Staying Within the Statute of Limitations

Consider these practical tips to avoid missing the personal injury claims deadline:

• Act quickly after an injury: Seek medical attention immediately and start documenting your injuries and the circumstances of the accident.
• Keep detailed records: Document your medical treatments, expenses, lost wages, and any other losses related to your injury. Also, save copies of emails, letters, and other communications about your claim.
• Consult a lawyer: Early consultation helps you navigate the personal injury case time limit and gather evidence while it’s still fresh. Your attorney can identify exceptions to the statute of limitations or factors that might toll the statute in your favor.

Why Choose Peters Law Firm?

The personal injury lawyers at Peters Law Firm have been helping clients in Southwestern Iowa and Eastern Nebraska since 1895. With over a century of experience, we understand the importance of acting within the statute of limitations and building a solid case to protect your rights.

Don’t wait — contact us today to receive personal injury lawyer advice during your free consultation.