Ask a Lawyer - Archive

My brother was injured in a car accident 5 years ago. He sought medical treatment and physical therapy, but was left with a 15% permanent disability in his left ankle. The at-fault driver's insurance company has repeatedly refused his disability claim, and I think he should sue. Does my son have a case?

Thank you for your question. I am very sorry to hear about your brother's plight, but I am afraid that your brother will not recover if he brings suit. This is due to the expiration of Nebraska's statute of limitations. The statute of limitations is a state law that limits the time in which a plaintiff has to file a civil lawsuit. Every state has its own laws. Unfortunately, that time period in Nebraska is 4 years for most personal injury claims, including your brother's; thus, your brother's claim is now barred, and any lawsuit filed based on such claim will be unsuccessful.

Again, I am sorry for your brother's loss, and can only advise that you or anyone else in your family who is injured contact an experienced Nebraska personal injury lawyer soon after the injury.