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Detailed Answer

In Nebraska personal injury actions, you may recover special damages for reasonable and necessary medical expenses, which courts recognize can include travel costs to and from treatment. To ensure you claim travel expenses successfully, follow these key steps:

1. Confirm Eligibility under Nebraska Law
   Nebraska’s measure of damages in personal injury cases includes compensation for medical services and related out-of-pocket costs. Courts have held that travel to obtain medically necessary care is recoverable as part of those special damages (see Neb. Rev. Stat. § 25-21,185: nebraskalegislature.gov/laws/statutes.php?statute=25-21,185).
2. Track Your Mileage and Travel Time
   Maintain a contemporaneous mileage log for each appointment. Record:
   • Date of travel
   • Departure and destination addresses
   • Purpose of the visit (e.g., physical therapy, doctor’s exam)
   • Odometer start and end readings

   If you use public transportation, keep tickets or fare receipts.

3. Collect Supporting Receipts
   Gather all receipts for tolls, parking fees, rideshare, taxi fares, or bus/train tickets. Photocopy or scan them promptly to avoid loss.
4. Calculate Your Total Travel Costs
   For personal vehicle use, multiply your total business miles by the IRS standard mileage rate for medical travel. Although not mandated by Nebraska statute, courts often find this method reasonable when no other per-mile rate is specified. Document your calculation clearly.
5. Disclose Special Damages in Discovery
   Under Nebraska Civil Rule 26(a)(1)(A)(iv), you must disclose a computation of damages, including anticipated travel expenses, early in the litigation. Provide opposing counsel your mileage log, receipts, and the basis for your calculations.
6. Provide Exhibit Binders for Mediation or Settlement
   When engaging in settlement negotiations, bundle your travel evidence (logs, receipts, calculations) in a clearly tabbed binder or PDF. This demonstrates the reasonableness and necessity of the charges.
7. Present Evidence at Trial
   If your case proceeds to trial, introduce your travel documentation through your testimony or that of a witness. Supply copies to the court and opposing counsel as exhibits.
8. Seek Review by Your Attorney
   Work with an attorney to verify that your travel claims align with Nebraska case law and local practice norms, and to ensure admissibility under the Nebraska Rules of Evidence.

Helpful Hints

• Start the mileage log immediately after your first medical visit.
• Use digital apps or spreadsheets to track travel in real time.
• Keep a separate file for receipts to avoid mixing personal and case expenses.
• Photograph or scan documents in high resolution to prevent unreadable copies.
• Review Nebraska Rule of Civil Procedure 26 to meet all disclosure deadlines.
• Consider maintaining a brief journal entry for each appointment noting delays or unusual costs.
• Ask your medical provider to write a confirmation of each appointment and its necessity.

Disclaimer: This article is for general informational purposes and does not constitute legal advice. Consult a qualified attorney in Nebraska for advice tailored to your situation.