Disclaimer: This article is for educational purposes only and does not constitute legal advice.
Detailed Answer
When you file a car accident injury claim in Nebraska, thorough documentation of your medical treatment records helps prove the extent of your injuries and the costs you’ve incurred. Below is a step-by-step guide on how to collect, organize, and submit those records to an insurer or opposing counsel.
1. Identify All Treatment Providers
- List every medical professional who evaluated or treated you after the crash: emergency rooms, urgent care, primary care, specialists (e.g., orthopedists, neurologists), therapists, imaging centers, and pharmacies.
2. Execute HIPAA-Compliant Authorization
- Use a standard medical records release form authorizing each provider to share your records. Nebraska’s Confidentiality of Health Care Information Act (Neb. Rev. Stat. § 71-8604) governs consent for disclosure. See § 71-8604.
- Sign and date the form. Specify the date range and the types of records you need (e.g., treatment notes, imaging reports, bills).
3. Request Itemized Bills and Explanation of Benefits (EOBs)
- Ask each provider for an itemized billing statement showing dates of service, procedures, and costs.
- Contact your health insurer for EOBs. These documents show amounts billed, amounts paid, and patient responsibility.
4. Organize Records Chronologically
- Create a master table or spreadsheet listing date, provider, type of treatment, billed amount, and insurer payments.
- Label each document with a unique exhibit number or tab (e.g., Exhibit 1: ER intake; Exhibit 2: MRI report).
5. Prepare a Cover Letter
- Address your letter to the claims adjuster or opposing counsel. Include:
- Claimant name and contact information
- Insurer name, policy number, and claim number
- Accident date and location
- List of enclosed exhibits
6. Send via Trackable Method
- Mail the records and cover letter by certified mail, return receipt requested, or use a courier with delivery confirmation.
- Keep digital copies of everything and record the delivery confirmation number.
7. Comply with Discovery if Litigation Ensues
- If you file suit, opposing parties may serve a request for production under Neb. Rev. Stat. § 25-2315. See § 25-2315.
- Serve your responses and produce the records by the deadline in the court’s scheduling order.
Helpful Hints
- Start gathering records as soon as possible to avoid delays.
- Ask providers about any copying fees up front and budget accordingly.
- Maintain a detailed correspondence log noting dates, contacts, and request statuses.
- Consider digital scanning of paper records to create a searchable PDF file.
- If you feel unsure at any stage, consult a Nebraska personal injury attorney for guidance on deadlines and process.