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What is a Statute of Limitations?

Robert Stahle • July 14, 2016
Statute Of Limitations

A statute of limitations is a law that designates the amount of time a person or entity has to bring a lawsuit or file a legal claim against another person or entity. Once the designated amount of time has passed (this varies from state to state as well as by type of case), the ability to file a claim or lawsuit also passes. As a general rule, most statutes of limitations range from one to six years depending upon the type of claim. Claims against the government (state and federal) are governed by a separate set of rules and procedures which are set forth in what is typically known as the Tort Claims Act . Each state, including the federal government, has its own specific Tort Claims Act that governs claims against the state government as well as local governmental entities (municipalities, counties and governmental subdivisions).

While most statutes of limitations refer to civil litigation cases, there is also a set time in which criminal charges can be filed. Most crimes (felonies and misdemeanors) are governed by a specific state mandated statute of limitation period but some crimes are so serious, such as homicide, that they can be prosecuted at any time.

The various categories of legal claims are very broad and the type of claim or suit you file will determine the specific amount of time you have to file a suit or legal claim. Some of the most common legal situations include:

  • Debts
  • Breach of contract
  • Medical malpractice
  • Sexual abuse of a child
  • Personal injury
  • Slander/Libel
  • Fraud or misrepresentation
  • Property damage

So, when does a statute of limitation period begin to run? While there are special cases in which the start date is different than the date of occurrence, in general, the clock starts ticking as soon as the incident in question takes place. This means if you or someone you know is in a serious accident as the result of someone else’s negligence, the date of the accident marks the start of the time period to file a claim or suit against the negligent party.

Understanding the statute of limitations for your specific legal matter and the rules of the state in which the event occurred is critical to making sure that your rights are protected. If you believe that you have a legal claim against another person, entity or the government, one of the first things you need to do is determine what the limitation period is for your specific case. Determining the amount of time you have to file suit or give notice of a claim is key to the success of your case. A good case can be lost if too much time passes before you bring suit or properly give notice of your claim.

If you are considering pursuing a legal claim in Iowa or Nebraska, contact the professionals at Fitch & Stahle.

By Robert Stahle July 28, 2025
Including Dram Shop Liability
By Robert Stahle July 16, 2025
How a Sioux City Personal Injury Attorney Can Help You Seek Justice Each year, drunk driving crashes leave thousands injured or killed—causing devastating emotional, physical, and financial consequences. Despite strict DUI laws and public awareness campaigns, impaired drivers continue to pose a serious threat across Iowa, Nebraska, and the country. For victims, the aftermath of a drunk driving accident is more than just painful—it can be life-altering. At Fitch & Stahle Law Firm , we fight to hold negligent drivers (and sometimes even the businesses that served them) accountable under the law. If you’ve been hurt in a crash involving a drunk driver, we’ll explain your legal options, including how Nebraska’s Dram Shop law may play a role in your case. Why File a Drunk Driving Lawsuit? Driving under the influence of alcohol or drugs is not just illegal—it’s a reckless act that endangers everyone on the road. When a driver chooses to get behind the wheel impaired, they can (and should) be held civilly liable for the damage they cause. While a criminal DUI case focuses on punishing the offender, a civil personal injury lawsuit is about helping you rebuild. It allows you to pursue compensation for: Medical expenses (past and future) Lost wages and diminished earning capacity Pain and suffering Emotional trauma Property damage Rehabilitation costs Punitive damages (in cases of extreme recklessness) Nebraska’s Dram Shop Law: Holding Alcohol Providers Accountable Under Nebraska’s Dram Shop Law , victims of drunk driving accidents may also be able to file a lawsuit against the business or establishment that overserved the intoxicated driver. Here’s how it works: A licensed alcohol vendor (such as a bar, restaurant, or event venue) can be held liable if they served alcohol to a visibly intoxicated person or a minor , and that person later caused injury or death. Nebraska law limits these claims to commercial sellers of alcohol—not social hosts. A dram shop claim can help recover damages if the drunk driver lacks adequate insurance or personal assets. This area of law is complex, and not all attorneys are familiar with how to navigate the strict requirements and timelines involved in dram shop litigation. That’s why working with a firm like Fitch & Stahle , which handles cases in both Nebraska and Iowa , is crucial. What Needs to Be Proven in a Drunk Driving Case? To recover damages in a drunk driving lawsuit, your legal team must prove the following: Duty of care – The driver had a legal responsibility to drive safely. Breach of duty – That responsibility was violated by driving impaired. Causation – The impairment directly led to the accident and your injuries. Damages – You experienced real harm—such as medical costs, lost income, or emotional distress. In dram shop cases, your lawyer will also need to demonstrate that the bar or establishment served a visibly intoxicated individual who went on to cause the crash. Why You Need a DUI Injury Lawyer in Nebraska or Iowa Drunk driving cases are rarely straightforward—especially when multiple parties may share liability. Insurance companies will often try to minimize payouts, shift blame, or dispute your injuries altogether. At Fitch & Stahle Law Firm , we will: Preserve key evidence such as police reports, BAC results, surveillance video, and eyewitness accounts Analyze potential dram shop liability Work with medical and accident reconstruction experts to build your case Identify all available sources of compensation Aggressively negotiate with insurance companies—or take your case to trial if needed Our team has deep experience with Nebraska’s unique dram shop provisions and Iowa’s liability standards. We understand what it takes to hold all negligent parties accountable. What Damages Can You Recover? Depending on the specifics of your case, compensation may include: Economic damages : Medical bills, lost income, future treatment costs, property loss Non-economic damages : Pain, suffering, mental anguish, loss of companionship Punitive damages : Intended to punish especially reckless conduct—like drunk driving In cases where dram shop liability applies, these claims can be especially valuable when the at-fault driver is underinsured or has no assets. Time Is Critical – Act Now In Nebraska, the statute of limitations for personal injury and dram shop lawsuits is typically four years , but specific timelines may apply depending on the facts of your case. Evidence like surveillance footage and eyewitness memories can fade fast—so it’s essential to speak with an attorney right away. Get Help from a Sioux City Personal Injury Attorney Who Understands Nebraska Dram Shop Law If you or a loved one has been injured by a drunk driver—especially one who may have been overserved at a Nebraska bar or restaurant—you have the right to seek full and fair compensation. At Fitch & Stahle Law Firm , we’ve helped countless clients across Sioux City , Iowa , and Nebraska recover after devastating crashes. We’ll handle the legal details so you can focus on healing. Call us today for a free consultation — and let’s start fighting for the justice you deserve.