## 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.

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## Sources

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

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

Statute of limitations for medical malpractice in Nebraska

25-206. Actions on oral contracts or statutory liabilities. 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.

(1) 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. No action at law or equity may be brought or maintained attacking the validity or enforceability of or to rescind or declare void and uncollectible any written contract entered into pursuant to, in compliance with, or in reliance on, a statute of the State of Nebraska which has been or hereafter is held to be unconstitutional by the Supreme Court of Nebraska where such holding is the basis for such action, unless such action be brought or maintained within one year from the effective date of such decision. The provisions hereof shall not operate to extend the time in which to bring any action or to revive any action now barred by reason of the operation of any previously existing limitation provision.

An action for fraud must be brought within 4 years of when the cause of action accrues. Such action does not accrue until there has been discovery of the facts constituting the fraud or facts sufficient to put a person of ordinary intelligence and prudence on an inquiry which would lead to such discovery.

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. (2)(a) Notwithstanding subsection (1) of this section or any other statutory provision to the contrary, any product liability action, except one governed by section 2-725 , Uniform Commercial Code or by subsection (5) of this section, shall be commenced as follows: (i) For products manufactured in Nebraska, within ten years after the date the product which allegedly caused the personal injury, death, or damage was first sold or leased for use or consumption; or (ii) For products manufactured outside Nebraska, within the time allowed by the applicable statute of repose, if any, of the state or country where the product was manufactured, but in no event less than ten years.

25-207. Actions for trespass, conversion, other torts, and frauds; exceptions. 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 .

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. In the absence of any other shorter applicable statute of limitations, any action for the recovery of any excise or other tax which has been collected under any statute of the State of Nebraska and which has been finally adjudged to be unconstitutional shall be brought within one year after the final decision of the court declaring it to be unconstitutional. This section shall not apply to any action for the recovery of a property tax. The changes made to this section by Laws 2000, LB 921, shall apply to causes of action accruing on and after July 13, 2000.

Every such action, as described in section 30-809 , shall be commenced within two years after the death of such person. It shall be brought by and in the name of the person's personal representative for the exclusive benefit of the widow or widower and next of kin.

(1) An action for breach of any contract for sale must be commenced within four years after the cause of action has accrued. By the original agreement the parties may reduce the period of limitation to not less than one year but may not extend it. (2) A cause of action accrues when the breach occurs, regardless of the aggrieved party's lack of knowledge of the breach. A breach of warranty occurs when tender of delivery is made, except that where a warranty explicitly extends to future performance of the goods and discovery of the breach must await the time of such performance the cause of action accrues when the breach is or should have been discovered.

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.

Neb. Rev. Stat. § 25-213 tolls the SOL for plaintiffs who are, at the time the cause of action accrues, under the age of twenty years (minors), persons with a mental disorder, or imprisoned. The disability period is not counted toward the limitations period.

Neb. Rev. Stat. § 25-214 tolls the SOL when the defendant is out of state at accrual, or when the defendant absconds or conceals himself/herself. The period does not begin to run (pre-accrual) or is paused (post-accrual) for the duration of absence or concealment.

Defendant concealment tolling in Nebraska is governed by § 25-214. Former § 25-215 was repealed in 2006. § 25-214 explicitly covers a defendant who 'has absconded or concealed himself or herself' — the SOL does not run while the defendant is so concealed.

Nebraska's discovery rule is codified in § 25-207(4) for fraud claims. Nebraska courts extend it to latent-injury contexts; medical malpractice (§ 44-2828) and professional negligence (§ 25-222) each carry their own statutory discovery extension of 1 year from discovery.

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.

25-213. Tolling of statutes of limitation; when. Except as provided in sections 76-288 to 76-298, if a person entitled to bring any action mentioned in Chapter 25, the Political Subdivisions Tort Claims Act, the Nebraska Hospital-Medical Liability Act, the State Contract Claims Act, the State Tort Claims Act, the State Miscellaneous Claims Act, or the Uniform Civil Remedies for Unauthorized Disclosure of Intimate Images Act, except for a penalty or forfeiture, for the recovery of the title or possession of lands, tenements, or hereditaments, or for the foreclosure of mortgages thereon, is, at the time the cause of action accrued, within the age of twenty years, a person with a mental disorder, or imprisoned, every such person shall be entitled to bring such action within the respective times limited by Chapter 25 after such disability is removed.

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.

If a cause of action accrues against a person while he or she is out of the state or has absconded or concealed himself or herself, the period limited for the commencement of the action shall not begin to run (1) until he or she comes into the state or (2) while he or she is absconded or concealed. If the person departs from the state or absconds or conceals himself or herself after the cause of action accrues, the time of his or her absence or concealment shall not be computed as any part of the period within which the action must be brought.

Except as provided in sections 76-288 to 76-298, if a person entitled to bring any action mentioned in Chapter 25, the Political Subdivisions Tort Claims Act, the Nebraska Hospital-Medical Liability Act, the State Contract Claims Act, the State Tort Claims Act, the State Miscellaneous Claims Act, or the Uniform Civil Remedies for Unauthorized Disclosure of Intimate Images Act, except for a penalty or forfeiture, for the recovery of the title or possession of lands, tenements, or hereditaments, or for the foreclosure of mortgages thereon, is, at the time the cause of action accrued, within the age of twenty years, a person with a mental disorder, or imprisoned, every such person shall be entitled to bring such action within the respective times limited by Chapter 25 after such disability is removed. For the recovery of the title or possession of lands, tenements, or hereditaments or for the foreclosure of mortgages thereon, every such person shall be entitled to bring such action within twenty years from the accrual thereof but in no case longer than ten years after the termination of such disability. Absence from the state, death, or other disability shall not operate to extend the period within which actions in rem are to be commenced by and against a nonresident or his or her representative.

Statute of limitations for medical malpractice in Nebraska

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