Keating, O’Gara, Nedved & Peter

In Nebraska, there are strict time limits within which to file a lawsuit. These time limits are known as “statutes of limitation.” In many personal injury cases, a plaintiff has 4 years within which to file a case. However, for cases against professionals (like lawyers, doctors, and architects) the time is just two years for “professional negligence.”

But what about cases in which an injury is not reasonably discoverable, such as a latent injury like having a surgical sponge left inside a patient and the patient has no way of knowing that he or she has been “damaged” until after symptoms appear, say, 5 or 6 years later? Well, the law allows an injured person to still bring a claim . . . to a point. That endpoint in Nebraska is ten years. This portion of a law is known as a “statute of repose.”

Here is Neb. Rev. Stat. 25-222:

25-222. Actions on professional negligence.

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.

Last Friday, the Texas Supreme Court ruled on their 10 year statute of repose in a sponge case strictly upholding the ten year time limit.

If you have questions about medical malpractice time limits in Nebraska, call the Keating, O’Gara Law Firm at 888/234-0621 or fill out the contact form on this website.

The Lincoln Journal Star had a recent story on being a good witness:

Lincoln Police Capt. Jon Sundermeier said bank tellers and cashiers are more likely than average citizens to witness a crime at some point. People with those jobs especially, he said, should be prepared. Still, average citizens could also benefit from a lesson on being good witnesses. A few tips:

– Physical descriptions like height, weight, hair color and eye color of the suspect are helpful to police. In particular, look for and take note of identifying marks like tattoos and deformities.
– Clothing descriptions can be helpful, especially right after a crime is committed. Also, remember if the suspect’s clothing was expensive-looking or torn and ragged.
– If the suspect drops anything at the scene, remember it and tell police. Try to picture if the suspect was carrying anything, too.
– The suspect’s speech patterns can be a big help for police.
– If you see the suspect drive away, remember the license plate number and a description of the vehicle. Also, try to remember which direction he or she headed and watch the person until he or she is out of view.
– If the suspect reminds you of anyone you know, remember this. Similar characteristics can be helpful in a lineup or when talking to police about the incident.
– Search your memory: You might remember seeing the suspect somewhere before the crime.
– Don’t discuss what you saw with other witnesses. “If you talk to other people, then you’re gonna be influenced by what they say,” Sundermeier said.
– If possible, write down what you saw without taking into account news reports on the incident and other eyewitnesses.
– If you don’t know something, admit it.“It tends to, in my mind, lend some credibility to them (the witness),” Sundermeier said.

In short, try to remember as much as possible, but don’t fill in the blanks. The best way to do that is to be calm and prepared. “Essentially, the real trick to being a good witness is recognizing during the event that you’re going to be a witness,” Sundermeier said. “Most people don’t come to that realization until it’s too late.”

While the article is written about witnesses to crimes, the same principles hold true if you are likely to be called as a witness to an automobile accident that leads to an injury lawsuit.