§ 25-213.Tolling of statutes of limitation; when.
Article 2: Limitation of Actions · Last amended 2019 · Last verified July 22, 2026
Full Text of § 25-213
Source
R.S.1867, Code § 17, p. 396; R.S.1913, § 7576; C.S.1922, § 8519; Laws 1925, c. 64, § 2, p. 221; C.S.1929, § 20-213; R.S.1943, § 25-213; Laws 1947, c. 243, § 12, p. 766; Laws 1972, LB 1049, § 1; Laws 1974, LB 949, § 2; Laws 1984, LB 692, § 2; Laws 1986, LB 1177, § 5; Laws 1988, LB 864, § 5; Laws 2007, LB339, § 1; Laws 2019, LB680, § 10.
Cross References
Nebraska Hospital-Medical Liability Act, see section 44-2855. Political Subdivisions Tort Claims Act, see section 13-901. State Contract Claims Act, see section 81-8,302. State Miscellaneous Claims Act, see section 81-8,294. State Tort Claims Act, see section 81-8,235. Uniform Civil Remedies for Unauthorized Disclosure of Intimate Images Act, see section 25-3501.
Plain-English Summary
Section 25-213 protects people who couldn’t reasonably be expected to act on a claim when it accrued. If a person entitled to bring an action under Chapter 25, or under several named claims acts against the state and its subdivisions and health providers, was — at the moment the cause of action accrued — within the age of twenty years, dealing with a mental disorder, or imprisoned, the ordinary limitations clock doesn’t run against them. They instead get the full period Chapter 25 allows, counted from when that disability is removed.
The named statutes reach well beyond Chapter 25 itself: the Political Subdivisions Tort Claims Act, the Nebraska Hospital-Medical Liability Act, the State Contract Claims Act, the State Tort Claims Act, the State Miscellaneous Claims Act, and the Uniform Civil Remedies for Unauthorized Disclosure of Intimate Images Act are all folded into this tolling protection. Penalties, forfeitures, and actions to recover title, possession, or foreclose a mortgage on real property are excluded from the general tolling rule and handled separately.
Real property and mortgage foreclosure claims get their own version of the protection, and it’s capped: a person under a qualifying disability gets twenty years from accrual to sue, but never more than ten years after the disability ends, whichever limit hits first. And the section draws a firm line for actions in rem against or by a nonresident: absence from the state, death, or other disability doesn’t extend the period for those. A separate exception involving sections 76-288 to 76-298 sits outside this section’s general tolling rule.
Frequently Asked Questions
What happens to the statute of limitations if the injured person is a minor?
If the person was within the age of twenty years when the cause of action accrued, the limitations period doesn’t start running until that disability — being under that age — is removed, and they then get the full period Chapter 25 allows.
Does tolling apply to someone who is imprisoned when the claim arises?
Yes. A person imprisoned at the time the cause of action accrued is entitled to bring the action within the ordinary time period after that disability ends.
Is there a cap on how long tolling can extend a real-property or foreclosure deadline?
Yes. For recovering title or possession of land, or foreclosing a mortgage, a person under a qualifying disability gets twenty years from accrual, but never more than ten years after the disability ends.
Does this tolling provision reach tort claims against government entities and hospitals?
Yes. It expressly covers claims under the Political Subdivisions Tort Claims Act, the State Tort Claims Act, the State Contract Claims Act, the State Miscellaneous Claims Act, and the Nebraska Hospital-Medical Liability Act, in addition to actions under Chapter 25 itself.
Does moving out of state toll a deadline the way a disability does?
Not for an action in rem against or by a nonresident. The section specifically states that absence from the state, death, or other disability does not extend the period for commencing those actions.
Does tolling apply to a penalty or forfeiture claim?
No. The section excludes penalties and forfeitures from its general tolling protection.