Detailed Answer
As a passenger injured in a vehicle accident in Nebraska, you must establish a clear, unbroken record of medical treatment to protect your injury claim. Courts and insurance companies often scrutinize gaps in treatment to argue that your injuries aren’t serious or are unrelated to the crash. Below are steps to maintain continuity of care under Nebraska law.
1. Seek Immediate Medical Evaluation
Obtain medical attention at the scene or as soon as possible. Document the provider’s name, date, time and findings. Early records create a baseline for your claim.
2. Follow All Recommendations
Complete prescribed tests, imaging (X-rays, MRIs) and referrals (orthopedist, neurologist, physical therapist). Skipping appointments may allow insurers to argue you recovered or your condition is pre-existing.
3. Use a Single Treating Network When Possible
Consistent providers (same hospital system, same group practice) simplify record-keeping and avoid conflicting medical histories.
4. Document Every Visit
Keep copies of visit notes, treatment plans and bills. Make sure each entry mentions the motor vehicle accident as the cause of your symptoms. If you see multiple specialists, ask each to reference the crash.
5. Address Gaps Promptly
If you alter or miss a scheduled treatment (e.g., due to cost or transportation), schedule the next available appointment. Later explanations should cite good cause (weather, illness), not that you “felt better.”
6. Notify Your Insurer and Keep a Log
Report your claim timely to the at-fault driver’s insurer. Record dates of all correspondence, adjuster calls and settlement offers. These notes can corroborate your timeline.
7. Keep a Detailed Symptom Journal
Note daily pain levels, mobility limits and medication usage. Journals corroborate your medical records and show the progression (or regression) of injuries.
Relevant Nebraska Law
Nebraska applies modified comparative negligence. Under Neb. Rev. Stat. § 25-21,185 (link), your recoverable damages decrease by your percentage of fault (if under 50%). Clear medical documentation helps prove causation and limits arguments that you contributed to your injury.
Additionally, Nebraska courts require claimants to mitigate damages. A consistent treatment record demonstrates you took reasonable steps to heal and avoid worsening your condition.
Disclaimer
This article is for educational purposes only and does not constitute legal advice. Consult a qualified attorney to discuss your specific situation.
Helpful Hints
- Set phone reminders for appointments and journal entries.
- Use a single folder or digital app to store all medical documents.
- Ask each provider to note the accident in your records.
- Photograph visible injuries and keep date-stamped images.
- Keep receipts for out-of-pocket medical and transportation costs.
- Consider an attorney early to coordinate medical liens and bills.