Nebraska Notice of Claim

Introduction

Key Things to Know

1. 1

   The deadline is strict. A claim not made in writing on time is forever barred: 2 years after accrual for the State (81-8,227) and 1 year after accrual for a political subdivision (13-919). Reading the statute or contacting the entity's clerk or risk management office confirms the current rule.

2. 2

   State track: the written claim goes to the Risk Manager at the Department of Administrative Services Office of Risk Management, in the manner prescribed by the State Claims Board. Ask that office which form or format the board prescribes before you file.

3. 3

   Local track: the claim is filed with the clerk, secretary or other official who keeps the political subdivision's official records, or with its law department if the governing body so provides. That official presents it to the governing body (13-905).

4. 4

   A claim against a political subdivision must be in writing and set out the time and place of the occurrence giving rise to the claim and the other facts pertinent to the claim that are known to the claimant (13-905).

5. 5

   Both tracks allow 6 months for a decision (81-8,213; 13-906). There is no automatic denial: if there is no final disposition within 6 months, the claimant may withdraw the claim by written notice and begin suit.

6. 6

   Against a political subdivision, suit must begin within 2 years after the claim accrued (13-919(1)). On both tracks, if the time to sue would otherwise end sooner, it is extended 6 months from the mailing of the final disposition notice or from the withdrawal (13-919(1); 81-8,227(1)).

7. 7

   If a claim was first made under another law and a court or the agency or subdivision decides the Tort Claims Act is the exclusive remedy, the time to make the claim and begin suit is extended 6 months from that determination (13-919(2); 81-8,227(3)).

Nebraska Requirements for Notice of Claim

• Two-Year State Claim Deadline

  Neb. Rev. Stat. 81-8,227: a State tort claim is forever barred unless made in writing to the Risk Manager within 2 years after it accrued.

• One-Year Local Claim Deadline

  Neb. Rev. Stat. 13-919: a claim against a political subdivision is forever barred unless made in writing to the governing body within 1 year after it accrued.

• Local Filing Official

  13-905: file with the clerk, secretary or other official who keeps the official records, or the law department if the governing body so provides, who presents it to the governing body.

• Six Months to Decide

  81-8,213; 13-906: if there is no final disposition within 6 months, the claimant may withdraw the claim by written notice and begin suit. There is no automatic denial.

• Suit Deadline

  13-919(1): suit against a political subdivision within 2 years after accrual. Both tracks: extended 6 months from mailing of final disposition or withdrawal if the period would end sooner.

• Exclusive Remedy Extension

  13-919(2); 81-8,227(3): a claim first made under another law gets 6 more months from a determination that the Act is the exclusive remedy.

• Large State Awards

  81-8,224: a State award over $50,000 needs legislative review and a specific appropriation before payment.

• Local Claim Contents

  State the time and place of the occurrence giving rise to the claim and the other pertinent facts known to the claimant.