Detailed Answer
Disclaimer: This article is for informational purposes only and does not constitute legal advice. Consult a qualified Nebraska personal injury attorney to discuss your situation.
When a car crash aggravates a pre-existing condition, Nebraska law allows you to recover damages for the additional harm. To build a strong claim, follow these key steps.
1. Seek Medical Treatment Immediately
Visit a licensed health care provider as soon as possible. Early documentation of new symptoms and worsened pain helps prove that the accident caused your injury aggravation.
2. Document Your Medical History and Aggravation
- Obtain copies of your medical records from before and after the crash.
- Ask physicians to note explicitly how the collision worsened your condition.
- Maintain a daily journal tracking pain levels, mobility changes, and treatment dates.
- Keep all bills, receipts, and invoices for medical care, therapy, and prescription costs.
3. Preserve Evidence from the Accident
- Photograph vehicle damage, accident scene, and visible injuries.
- Collect witness names, phone numbers, and written statements.
- Obtain a copy of the police report and any traffic citations.
- Save all correspondence with insurance adjusters in writing.
4. Understand Nebraska Damage Laws
Nebraska law lets you recover both economic and non-economic damages for aggravation of a pre-existing injury. Under the “eggshell plaintiff” rule, a defendant must “take the victim as he finds him.” See Neb. Rev. Stat. § 25-21,185 (Damages).
Nebraska’s Comparative Fault Act may reduce your recovery if you share fault. See Neb. Rev. Stat. § 25-21,191 (Comparative Fault).
5. File Within the Statute of Limitations
You generally have four years from the accident date to file a personal injury lawsuit. See Neb. Rev. Stat. § 25-207 (Statute of Limitations).
6. Notify Insurance Companies and Negotiate
Promptly report the crash to your insurer and the at-fault driver’s insurer. Provide clear documentation of how the accident worsened your condition. Be prepared to negotiate a fair settlement or proceed to court if discussions stall.
7. Consider Expert Opinions
Medical experts can link your aggravated injuries directly to the accident. Vocational experts may assess lost earning capacity. Expert testimony strengthens your claim and shows the full impact of your injury.
Helpful Hints
- Keep a detailed pain and symptom log with dates and descriptions.
- Follow all medical advice to avoid treatment gaps that insurers may challenge.
- Consult a Nebraska personal injury attorney early to protect your rights.
- Track any out-of-pocket expenses, such as transportation to medical appointments.
- Use certified mail or email to document all communications with insurers.