Marcus was rear-ended on I-80 near Grand Island by a distracted driver going 55 mph. The collision herniated two discs in his lower back. His doctor started with physical therapy, then epidural injections, but after 14 months the pain was worse, not better. At month 16, his surgeon recommended a two-level spinal fusion - a $185,000 procedure with a six-month recovery.
Marcus reached maximum medical improvement at month 22. Only then could his attorney calculate his full damages: $247,000 in medical bills, $68,000 in lost wages, and ongoing pain that would affect him for decades. Under Nebraska's current 4-year statute of limitations, Marcus had plenty of time to build a strong case. Under LB199's proposed 2-year limit, he would have had just 8 weeks left - while still in physical therapy.
Marcus's timeline under current law vs. LB199:
| Milestone | Month | 4-Year SOL | 2-Year SOL |
|---|---|---|---|
| Accident on I-80 | 0 | 48 months left | 24 months left |
| Physical therapy begins | 2 | 46 months left | 22 months left |
| Epidural injections | 8 | 40 months left | 16 months left |
| Surgery recommended | 16 | 32 months left | 8 months left |
| Spinal fusion surgery | 18 | 30 months left | 6 months left |
| Maximum medical improvement | 22 | 26 months left | 2 months left |
| Full damages calculated | 23 | 25 months left | 1 month left |
Why This Article Exists
What Is LB199 and Why It Matters
LB199 was introduced on January 14, 2025 by Sen. Tony Sorrentino, a Republican representing District 39 (Elkhorn, suburban Omaha). The bill has two major components: it would reduce Nebraska's personal injury statute of limitations from four years to two years, and it would require plaintiffs to disclose any third-party litigation funding agreements to all parties in the case.
| Detail | Current Law | Under LB199 |
|---|---|---|
| Statute of limitations | 4 years | 2 years |
| Governing statute | Neb. Rev. Stat. 25-207 | Would amend 25-207 |
| Litigation funding disclosure | Not required | Required upon written request |
| Sponsor | Sen. Tony Sorrentino (R-District 39, Elkhorn) | |
| Committee hearing | February 5, 2025 - Judiciary Committee | |
| Current status | Stalled in committee - carryover bill (Jan 7, 2026) | |
LB199 is not an isolated bill. It is part of a package of tort reform legislation introduced in the 2025 Nebraska session. LB79 would limit liability for commercial trucking companies. LB205 would cap non-economic damages in trucking cases at $2.225 million. All three bills stalled in committee, but carryover status means they can be revived at any time during the 2026 session.
Stalled Does Not Mean Dead
Who Wants This Change - and Who Opposes It
The February 5, 2025 hearing before the Judiciary Committee revealed a clear divide: the insurance and trucking industries support LB199, while trial attorneys and consumer advocates oppose it.
| Side | Who | Key Arguments |
|---|---|---|
| Support | American Property Casualty Insurance Association (APCIA) | Litigation funding raises insurance costs; shorter SOL promotes timely resolution |
| Nebraska Insurance Federation | Aligns Nebraska with the majority of states | |
| Nebraska Trucking Association | "Statutes of limitations do not deny justice. They encourage timely justice." | |
| Oppose | Nebraska Association of Trial Attorneys (NATA) | "A solution in search of a problem." Evidence is preserved regardless of SOL length. Victims should not face deadlines while recovering. |
| Alliance for Responsible Consumer Legal Funding (ARC) | Disclosure requirements unfairly target funded plaintiffs. Non-funded plaintiffs face no equivalent financial disclosure. |
The Sponsor's Background
How Nebraska Compares to Other States
Nebraska's 4-year statute of limitations has been the law since statehood in 1867 - 159 years. Only two other states currently share this window. If LB199 passes, Nebraska would join the 25 states that give accident victims just two years to file.
| SOL Length | States | Count |
|---|---|---|
| 6 years | Maine, North Dakota | 2 |
| 5 years | Missouri | 1 |
| 4 years | Nebraska, Utah, Wyoming | 3 |
| 3 years | AR, DC, MD, MA, MI, MS, MT, NH, NM, NY, NC, RI, SC, SD, VT, WA, WI | 17 |
| 2 years | AL, AK, AZ, CA, CT, DE, FL, GA, HI, ID, IL, IN, IA, KS, LA, MN, NV, NJ, OH, OK, OR, PA, TX, VA, WV | 25 |
| 1 year | Kentucky, Tennessee | 2 |
Supporters of LB199 argue this means Nebraska is an outlier. But context matters. Some 2-year states have exceptions that effectively lengthen the window: Colorado gives 2 years for general personal injury but 3 years for motor vehicle accidents. Kentucky gives just 1 year for general personal injury but 2 years for motor vehicle accidents. Nebraska's 4-year window is simple and consistent - it applies to all personal injury claims without carve-outs or exceptions.
The national trend is also worth noting. Florida cut its SOL from 4 to 2 years in 2023 - the most recent state to make this change. No state has lengthened its general personal injury statute of limitations in recent years, although several states have eliminated time limits for childhood sexual abuse claims.
159 Years and Counting
Why the Extra Time Matters: Injuries That Take Years to Resolve
The core problem with a 2-year statute of limitations is that serious injuries do not heal on a legislative timeline. Many car accident victims need more than two years to reach maximum medical improvement (MMI) - the point at which their condition has stabilized enough for doctors to determine the full extent of their injuries and future treatment needs.
| Injury Type | Typical Time to MMI | Within 2-Year SOL? |
|---|---|---|
| Minor soft tissue (whiplash) | 2-6 months | Yes |
| Broken bones (simple fracture) | 3-6 months | Yes |
| Herniated disc (with surgery) | 12-24 months | Tight |
| Traumatic brain injury (TBI) | 12-36+ months | Often no |
| Spinal cord injury | 18-36+ months | Often no |
| Multiple surgeries | 12-36+ months | Often no |
Here is what a typical serious-injury timeline looks like - and why two years is often not enough:
Accident and Emergency Treatment (Day 1)
Emergency room visit, initial imaging (X-rays, CT scans), stabilization. The full extent of soft tissue, disc, and neurological injuries is rarely apparent on day one.
Specialist Referrals (Weeks 2-8)
Referrals to orthopedists, neurologists, or pain management specialists. MRI imaging often reveals injuries not visible on initial X-rays. Conservative treatment begins.
Conservative Treatment (Months 2-12)
Physical therapy, chiropractic care, epidural injections, medications. Insurance companies and doctors typically require 6-12 months of conservative treatment before approving surgery.
Surgery If Needed (Months 12-18)
If conservative treatment fails, surgical intervention is recommended. Scheduling, pre-surgical clearance, the surgery itself, and initial recovery take weeks to months.
Post-Surgical Recovery (Months 18-24+)
Post-operative physical therapy, follow-up imaging, activity restrictions. Many spinal surgeries require 6 months of recovery before the patient is cleared for full activity.
Maximum Medical Improvement (Months 22-36+)
The doctor determines the patient has recovered as much as they will. Only now can the full cost of future medical care, lost earning capacity, and permanent impairment be calculated.
The Real Cost of a Shorter Deadline
What Happens If You File Too Early
A shorter statute of limitations does not speed up resolution. It speeds up the deadline to file - but the litigation itself takes just as long. According to a Nolo survey, the average personal injury case that goes to litigation takes 25.6 months from filing to verdict. That is more than two years of litigation alone, not counting the pre-filing period.
70%
of claims settle before a lawsuit is filed
11.4
months average to settle without litigation
25.6
months average from filing to verdict
6-12
months for discovery phase alone
The math tells the story. If a seriously injured Nebraskan has to file a lawsuit within 2 years of the accident, the case will still be in discovery or mediation when the 2-year mark passes. The litigation continues for another 1-2 years after that. The total timeline from accident to resolution is 3-4 years regardless - the same amount of time the current 4-year statute of limitations provides.
The difference is who benefits. Under the current law, victims can wait until they reach MMI, build a complete damages picture, and negotiate from a position of knowledge. Under a 2-year deadline, they are forced to file before their injuries have stabilized, before they know their full medical costs, and before they can calculate their lost earning capacity. Insurance companies benefit from this uncertainty because incomplete information always works in the defendant's favor.
A Shorter Deadline Does Not Mean Faster Justice
Find Out What Your Claim Is Worth
The Florida Precedent: What Happened When They Cut from 4 to 2
Nebraska is not the first state to consider this change. Florida made the identical cut in 2023 with HB 837, providing a real-world preview of what happens when a state halves its filing deadline overnight.
| Florida HB 837 Change | Before (Pre-2023) | After (Post-2023) |
|---|---|---|
| Statute of limitations | 4 years | 2 years |
| Comparative negligence | Pure (recover at any fault %) | Modified 51% bar |
| Auto glass lawsuits (Q2) | 24,720 (Q2 2023) | 2,613 (Q2 2024) |
| Industry characterization | "Litigation crisis" | "Tort reform success" |
The insurance industry celebrated Florida's results. Lawsuit volume dropped dramatically. But for consumers, the picture is more complicated. Accident victims with serious injuries now face intense pressure to settle early or risk missing their deadline. Attorneys report that the compressed timeline has led to more premature filings and lower settlement offers, as insurance companies know plaintiffs are working against the clock.
Georgia followed Florida's lead in 2025 with SB 68, which enacted sweeping tort reform including bifurcated trials, restrictions on medical billing evidence, and limitations on noneconomic damage arguments to juries. The pattern is clear: the insurance industry is pursuing state-by-state tort reform, and Nebraska is on the list.
A National Strategy
Protecting Your Claim Right Now: 5 Steps
Whether or not LB199 passes, these steps will protect your Nebraska car accident claim under any timeline.
Document Everything from Day 1
Even if you think you have years to file, start building your case immediately. Photograph the accident scene, exchange insurance information, get a police report, and keep every medical record and receipt from day one. Evidence collected early is always stronger than evidence reconstructed later.
Track Your Statute of Limitations Deadline
Calculate exactly when your 4-year (or potentially 2-year) deadline expires and mark it on your calendar. Build in a buffer of at least 6 months - never file at the last minute. If you are unsure when the clock started, consult an attorney to confirm the accrual date.
Reach Maximum Medical Improvement Before Settling
Your claim is worth the most when your doctors can provide a complete picture of your injuries, future treatment needs, and permanent limitations. Settling before MMI almost always means leaving money on the table. If your injuries are serious, resist pressure to accept early offers.
Consult an Attorney Within the First Year
Even if you plan to handle your claim yourself, a consultation with a personal injury attorney can help you understand your rights, identify all liable parties, and avoid common mistakes. Most Nebraska personal injury attorneys offer free consultations and work on contingency (no fee unless you win).
Watch LB199
If LB199 advances in the 2026 session, accident victims with pending claims should consult their attorneys immediately. While the new deadline would almost certainly apply only to future accidents, the political momentum could signal broader changes to Nebraska personal injury law.
Estimate Your Nebraska Settlement Value
What Nebraska's Current Law Still Protects
Regardless of what happens with LB199, Nebraska's current personal injury framework provides several important protections for accident victims. Understanding these protections helps you make informed decisions about your claim.
4-Year Statute of Limitations (Neb. Rev. Stat. 25-207)
You have four years from the date of the accident to file a personal injury lawsuit. This is among the longest windows in the country and gives victims time to fully recover before deciding how to proceed.
Discovery Rule
When injuries are not immediately apparent, the statute of limitations clock does not start until you knew or reasonably should have known about the injury and its connection to the accident. This is critical for delayed-onset injuries like traumatic brain injuries and herniated discs.
Tolling for Vulnerable Individuals (Neb. Rev. Stat. 25-213)
The statute of limitations is paused for minors under age 20, persons with mental disorders that prevent them from understanding their legal rights, and imprisoned individuals. The tolling applies to the exclusive benefit of the individual.
No Caps on Pain and Suffering Damages
Unlike many states that cap noneconomic damages, Nebraska places no limit on pain and suffering awards in car accident cases. Your recovery is determined by the facts of your case, not an arbitrary statutory cap.
Modified Comparative Negligence (50% Bar)
Nebraska follows the 50% bar rule under Neb. Rev. Stat. 25-21,185.09. You can recover damages as long as your fault is less than 50%. If you are found exactly 50% or more at fault, you are barred from recovery entirely. Your damages are reduced by your percentage of fault.
Mandatory UM/UIM Coverage (25/50)
Nebraska is one of only about 14 states that require both uninsured and underinsured motorist coverage. Every auto liability policy must include UM/UIM coverage at minimum limits of $25,000 per person / $50,000 per accident. This protects you when the at-fault driver has no insurance or insufficient coverage.
Frequently Asked Questions
What is the current statute of limitations for car accident claims in Nebraska?
Nebraska currently has a 4-year statute of limitations for personal injury claims under Neb. Rev. Stat. 25-207. This means you have four years from the date of the accident to file a lawsuit. Nebraska is one of only three states with a 4-year window, along with Utah and Wyoming. Most states give two or three years.
Has LB199 passed yet?
No. LB199 was introduced on January 14, 2025 by Sen. Tony Sorrentino and referred to the Judiciary Committee. A hearing was held on February 5, 2025, but the committee took no vote. The bill was designated a carryover bill on January 7, 2026, meaning it remains in committee and has not advanced to the full legislature for a vote. It can still be revived during the 2026 session.
If LB199 passes, will it affect my existing claim?
Almost certainly not. When states shorten their statute of limitations, the new deadline typically applies only to accidents that occur after the law takes effect. Claims that have already accrued remain subject to the original 4-year window. Retroactive application would raise serious due process concerns. When Florida made the same change in 2023 with HB 837, the shorter deadline applied only to new causes of action.
What is the discovery rule in Nebraska?
The discovery rule is an exception to the standard statute of limitations. When injuries are not immediately apparent, the clock does not start running until you knew or reasonably should have known about the injury and its connection to the accident. Nebraska defines "discovery" as knowledge of the existence of an injury - not knowledge that you have a legal right to sue. This is important for delayed-onset injuries like traumatic brain injuries and herniated discs that may not show symptoms for weeks or months.
Can the statute of limitations be extended (tolling)?
Yes. Under Neb. Rev. Stat. 25-213, the statute of limitations is tolled (paused) for three categories of individuals: minors under age 20 at the time the cause of action accrued, persons with mental disorders that prevent them from understanding their legal rights or instituting legal action, and imprisoned persons. The tolling applies to the exclusive benefit of the individual, not to family members or representatives.
Should I file a lawsuit before reaching maximum medical improvement?
It is generally better to wait until you reach maximum medical improvement (MMI) before settling, because only then can your doctors determine the full extent of your injuries and future treatment needs. However, you should never wait so long that you risk missing the statute of limitations deadline. If you have serious injuries that may take more than 18 months to stabilize, consult an attorney early. You can file a lawsuit to preserve your rights while continuing treatment - filing does not mean you have to go to trial immediately.
Related Resources
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