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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 September 5, 2025
Why You Need a Personal Injury Lawyer
By Robert Stahle August 21, 2025
What to Do After a Drunk Driving Accident in Nebraska or Iowa Being hit by a drunk driver is traumatic, confusing, and often life-altering. In the aftermath, you may be overwhelmed by medical bills, vehicle damage, missed work, and pain that doesn’t go away. On top of all that, you’re probably wondering: What are my legal rights? At Fitch & Stahle Law Firm in South Sioux City, Nebraska , we help victims of drunk driving accidents across Nebraska and Iowa understand their rights, protect their claims, and pursue the compensation they deserve. This post explains what you’re entitled to after a DUI-related crash—and what steps you should take to protect yourself. Drunk Driving Victims Have the Right to Compensation If you were injured by someone driving under the influence of alcohol or drugs, you have the legal right to seek compensation through a personal injury claim . These claims are separate from any criminal charges the drunk driver may face. In a civil claim, the goal is not to punish the offender (that’s the court’s job)—it's to recover financial damages for the harm you’ve suffered , including: Emergency medical care Long-term treatment and rehabilitation Lost income and loss of earning potential Pain and suffering Mental and emotional distress Property damage Punitive damages (in extreme DUI cases) At Fitch & Stahle , our job is to make sure you get every dollar you’re entitled to—while the at-fault party is held accountable for their reckless actions. Nebraska and Iowa Laws That Protect Drunk Driving Victims Every state handles DUI-related personal injury claims differently. Because Fitch & Stahle Law Firm is licensed in both Nebraska and Iowa , we’re uniquely qualified to navigate the laws in both jurisdictions. Here are some key legal protections available in each state: Nebraska: Dram Shop Liability : If a bar, restaurant, or alcohol-serving establishment over-served the intoxicated driver, you may be able to sue that establishment under Nebraska’s dram shop law. Comparative Negligence Rule : Nebraska follows a modified comparative negligence rule. You can still recover damages if you were less than 50% at fault for the accident. Statute of Limitations : You generally have four years to file a personal injury claim in Nebraska, but acting sooner improves your chances. Iowa: Dram Shop Law : Iowa’s dram shop law also allows claims against alcohol vendors who sell to an intoxicated person that causes an accident. These claims have special notice requirements. Modified Comparative Fault : You can recover damages in Iowa as long as you are not more than 50% at fault. Statute of Limitations : In Iowa, you typically have two years from the date of injury to file a lawsuit. Understanding which laws apply—and how to use them to your advantage—requires a legal team with experience in both states. That’s why Fitch & Stahle Law Firm is the trusted choice in Siouxland . What to Do Immediately After a Drunk Driving Crash The steps you take right after a crash can make or break your case. Here's what you should do: ✅ Call 911 and get medical help Always prioritize safety. Even if you feel okay, some injuries (like brain trauma or internal bleeding) don’t show symptoms right away. ✅ Document everything Take photos of the crash scene, vehicle damage, your injuries, skid marks, and road signs. Get names and contact info of witnesses. ✅ Get the police report A police report stating the other driver was intoxicated is critical to your claim. Ask the responding officer for details about any breathalyzer or field sobriety tests. ✅ Avoid talking to insurance companies alone Insurance adjusters may seem friendly, but they are trained to protect the company—not you. Don’t give recorded statements or accept offers without legal guidance. ✅ Contact a personal injury lawyer The sooner you speak to a lawyer, the better. At Fitch & Stahle , we offer free consultations and handle every step of your claim—from gathering evidence to negotiating with insurers and going to court if needed. Common Injuries in Drunk Driving Crashes Drunk driving accidents often involve high speeds, poor judgment, and failure to brake—all of which increase the severity of injuries. We commonly represent clients suffering from: Traumatic brain injuries (TBI) Spinal cord injuries and paralysis Broken bones and fractures Internal bleeding and organ damage Facial disfigurement and scarring Emotional trauma and PTSD These aren’t just short-term problems. They can impact your career, relationships, and overall quality of life for years to come. That’s why it’s so important to have an attorney who fights for the long-term value of your claim —not just a quick settlement. Why Choose Fitch & Stahle Law Firm? Here’s what makes us different: ✅ We’re local —Based in South Sioux City and serving all of Siouxland ✅ We’re licensed in Nebraska and Iowa ✅ We’ve handled hundreds of personal injury claims ✅ You pay nothing unless we win ✅ We offer compassionate, one-on-one attention When you hire Fitch & Stahle , you're not just another case file—you’re a neighbor, and we take your recovery personally. Get the Legal Support You Deserve Today Drunk driving is a serious offense with serious consequences. If you or a loved one has been injured in a DUI crash in South Sioux City, Sioux City , or anywhere in the Tri-State area , don’t wait to assert your rights. 📍 Visit our office in South Sioux City, NE 📞 Call us at 402-494-3012 💻 Schedule your free consultation at fitch-stahlelaw.com Let us take the legal burden off your shoulders while you focus on healing. Fitch & Stahle Law Firm is here to fight for you.