Detailed Answer
Under Nebraska law, seeking prompt medical treatment plays a crucial role in establishing the severity and causation of your injuries. A significant delay can lead insurance companies or opposing counsel to challenge whether the accident caused your condition or whether it worsened due to unrelated factors. A jury or claims adjuster may view a gap in treatment records as evidence that your injuries were less serious than claimed.
1. Causation and Proof of Injury
Prompt treatment creates a clear medical record linking your accident to your injuries. When you wait days or weeks, the defense can argue that intervening events, rather than the incident itself, caused or aggravated your condition.
2. Duty to Mitigate Damages
Nebraska law imposes on every injured party a duty to mitigate damages. If you unreasonably delay care, the defense may assert you failed to take reasonable steps to minimize your losses.
3. Statutory Framework on Damages
While Nebraska’s comparative negligence statute (Neb. Rev. Stat. § 25-21,185) allocates fault in accidents, the mitigation principle derives from common-law duties and the general damages statute (Neb. Rev. Stat. § 25-1802). A court can reduce your recovery by the portion attributable to any failure to seek timely care.
4. Impact on Evidence and Credibility
Insurance adjusters and jurors pay close attention to medical records. Delays can raise credibility issues and give the impression you weren’t seriously hurt. Consistent treatment notes strengthen your claim.
5. Effect on Settlement and Verdict
A gap in treatment often leads defense attorneys to make lower settlement offers or to push for a defense verdict at trial. Even if they don’t win on causation, juries may discount your damages award due to perceived negligence in seeking care.
Helpful Hints
- Seek medical attention immediately, even if injuries seem minor.
- Keep detailed records of all appointments, diagnoses, and treatments.
- Take photographs of visible injuries on the day of the accident.
- Inform every treating provider about the accident and any new symptoms.
- Consult an attorney early to ensure you follow best practices for preserving evidence.
Disclaimer: This article provides general information and does not constitute legal advice. For guidance tailored to your situation, consult a qualified Nebraska attorney.