## How the limitation period applies

The controlling primary authority for medical-malpractice is **Neb. Rev. Stat. § 44-2828**.

> **Neb. Rev. Stat. § 44-2828.** any action to recover damages based on alleged malpractice or professional negligence or upon alleged breach of warranty in rendering or failing to render professional services shall be commenced within two years next after the alleged act or omission in rendering or failing to render professional services providing the basis for such action, except that if the cause of action is not discovered and could not be reasonably discovered within such two-year period, the action may be commenced within one year from the date of such discovery or from the date of discovery of facts which would reasonably lead to such discovery, whichever is earlier.

## Use the calculator

DocketMath's statute-of-limitations tool can model these timelines once you identify the controlling claim type and accrual date. Use the source panel for the verified primary-source citations.

[Open the Statute of Limitations calculator](/tools/statute-of-limitations)

## Sources

- [Neb. Rev. Stat. § 44-2828 — undefined](https://nebraskalegislature.gov/laws/statutes.php?statute=44-2828)

All sources are official primary law published by `nebraskalegislature.gov`.

**Corroboration method:** live_primary_url_substring_match.


Statute of limitations for medical malpractice in Nebraska — backed by real statute citations.

Statute of limitations for medical malpractice in Nebraska

An action upon a contract, not in writing, expressed or implied, or an action upon a liability created by statute, other than a forfeiture or penalty, can only be brought within four years.

Except as provided in subsection (2) of this section, an action upon a specialty, or any agreement, contract, or promise in writing, or foreign judgment, can only be brought within five years.

The following actions can only be brought within four years: ... (4) an action for relief on the ground of fraud, but the cause of action in such case shall not be deemed to have accrued until the discovery of the fraud, except as provided in sections 30-2206 and 76-288 to 76-298.

Any action to recover damages based on alleged professional negligence or upon alleged breach of warranty in rendering or failure to render professional services shall be commenced within two years next after the alleged act or omission in rendering or failure to render professional services providing the basis for such action; Provided, if the cause of action is not discovered and could not be reasonably discovered within such two-year period, then the action may be commenced within one year from the date of such discovery or from the date of discovery of facts which would reasonably lead to such discovery, whichever is earlier; and provided further, that in no event may any action be commenced to recover damages for professional negligence or breach of warranty in rendering or failure to render professional services more than ten years after the date of rendering or failure to render such professional service which provides the basis for the cause of action.

The following actions can only be brought within the periods stated in this section: Within one year, an action for libel or slander; and within two years, an action for malpractice which is not otherwise specifically limited by statute.

Except as provided in section 25-213, any action to recover damages based on alleged malpractice or professional negligence or upon alleged breach of warranty in rendering or failing to render professional services shall be commenced within two years next after the alleged act or omission in rendering or failing to render professional services providing the basis for such action, except that if the cause of action is not discovered and could not be reasonably discovered within such two-year period, the action may be commenced within one year from the date of such discovery or from the date of discovery of facts which would reasonably lead to such discovery, whichever is earlier. In no event may any action be commenced to recover damages for malpractice or professional negligence or breach of warranty in rendering or failing to render professional services more than ten years after the date of rendering or failing to render such professional service which provides the basis for the cause of action.

The following actions can only be brought within four years: (1) An action for trespass upon real property; (2) an action for taking, detaining or injuring personal property, including actions for the specific recovery of personal property; (3) an action for an injury to the rights of the plaintiff, not arising on contract, and not hereinafter enumerated; and (4) an action for relief on the ground of fraud, but the cause of action in such case shall not be deemed to have accrued until the discovery of the fraud, except as provided in sections 30-2206 and 76-288 to 76-298.

(1) All product liability actions, except one governed by subsection (5) of this section, shall be commenced within four years next after the date on which the death, injury, or damage complained of occurs.

Every such action, as described in section 30-809, shall be commenced within two years after the death of such person.

The following actions can only be brought within four years: (1) An action for trespass upon real property; (2) an action for taking, detaining or injuring personal property, including actions for the specific recovery of personal property; (3) an action for an injury to the rights of the plaintiff, not arising on contract, and not hereinafter enumerated; and (4) an action for relief on the ground of fraud, but the cause of action in such case shall not be deemed to have accrued until the discovery of the fraud.

Under Neb. Rev. Stat. § 25-207(3), an action for injury to the rights of the plaintiff, not arising on contract and not hereinafter enumerated, must be brought within four years. This is the controlling SOL for general PI, negligence, premises liability, product liability, and most non-contract tort actions in Nebraska.

Nebraska applies a 4-year general statute of limitations for tort claims under Neb. Rev. Stat. 25-207. For employment discrimination claims under the Nebraska Fair Employment Practice Act, the limitations period is 300 days from the alleged unlawful practice under Neb. Rev. Stat. 48-1118. Nebraska recognizes the continuing violation doctrine (Alston v. Hormel Foods Corp.), which allows claims to proceed if the discriminatory conduct is continuing and at least one act falls within the limitations

Statute of limitations for personal injury in US-NE is 4 years under Neb. Rev. Stat. § 25-207(3).

Statute of limitations for continuing violation doctrine in US-NE is 4 years under Neb. Rev. Stat. 25-207.

Statute of limitations for product liability in US-NE is 4 years under Neb. Rev. Stat. § 25-207.

Statute of limitations for premises liability in US-NE is 4 years under Neb. Rev. Stat. § 25-207.

Statute of limitations for breach written contract in US-NE is 5 years under Neb. Rev. Stat. § 25-205.

Statute of limitations for breach oral contract in US-NE is 4 years under Neb. Rev. Stat. § 25-206.

Statute of limitations for ucc sale of goods in US-NE is 4 years under Neb. U.C.C. § 2-725.

Statute of limitations for fraud in US-NE is 4 years under Neb. Rev. Stat. § 25-207.

Statute of limitations for property damage in US-NE is 4 years under Neb. Rev. Stat. § 25-207.

Statute of limitations for trespass in US-NE is 4 years under Neb. Rev. Stat. § 25-207.

Statute of limitations for wrongful death in US-NE is 2 years under Neb. Rev. Stat. § 30-810.

Statute of limitations for medical malpractice in US-NE is 2 years under Neb. Rev. Stat. § 44-2828.

Statute of limitations for legal malpractice in US-NE is 2 years under Neb. Rev. Stat. § 25-222.

Statute of limitations for slander in US-NE is 1 year under Neb. Rev. Stat. § 25-208.

Statute of limitations for libel in US-NE is 1 year under Neb. Rev. Stat. § 25-208.

If a person entitled to bring an action is under a disability at the time the cause of action accrues, the time of the disability shall not be counted against the person in determining the time within which the action must be brought.