This FAQ explains what typically happens to medical bills after an accident in Nebraska and whether those bills can be paid from a personal injury claim. It uses plain language, step-by-step guidance, and practical tips so you can take the right next steps. This is general information only and not legal advice.
Detailed Answer
Short answer: Yes — medical bills you incur because of someone else’s fault are generally a recoverable part of a personal injury claim in Nebraska, but they are not automatically paid. How much you actually receive depends on insurance, liens and subrogation, whether you have Medicare/Medicaid, any fault allocated to you, and negotiations or court rulings.
How medical bills fit into a Nebraska personal injury claim
- When another party’s negligence causes injury, you can seek money (damages) for past and future medical expenses that are reasonable and related to the accident. Damages also cover lost income and non-economic harms (pain and suffering).
- Your recoverable medical expenses normally include bills you already paid and bills you are still obligated to pay. A settlement or court verdict will usually include an amount intended to cover those medical costs.
Who pays first — health insurance, you, or the at-fault party?
- Health insurance often pays immediate treatment costs. If your health insurer pays, it may have a right to be reimbursed from any settlement (subrogation). Private insurers and ERISA plans commonly assert these rights.
- Medicare and Medicaid usually require repayment from any settlement for treatment related to the injury. If you have federal benefits, you or your lawyer must follow specific processes to resolve “conditional payments” before you distribute settlement funds.
- If you have no insurance, providers may bill you directly. Many providers will try to collect from your settlement or place a lien against any recovery.
Liens, subrogation, and how they reduce your recovery
Medical providers, health insurers, and government benefit programs can assert liens or subrogation claims to be repaid from your settlement. That means a portion of your settlement will go to those entities before you get the remainder. In practice, the parties often negotiate the amount the providers or insurers will accept.
Fault and Nebraska rules
Nebraska compares fault among parties. If you were partly at fault for the accident, the total award for medical bills and other damages may be reduced by your percentage of fault. Because these rules affect how much you can recover, early legal advice is important.
Practical example (hypothetical)
Suppose you are hit by a driver who is clearly at fault. You have $30,000 in emergency and follow-up medical bills. Your health insurer paid $20,000 and says it has a right to reimbursement. You and the insurer negotiate, and the insurer accepts $12,000 from a $50,000 settlement. After the insurer’s payment and attorney fees, you receive the remainder to cover unpaid bills and other losses. If you were found 10% at fault, your $50,000 award would be reduced by 10% before liens and fees are applied.
Key timelines and actions
- Get medical care right away and keep all records and bills.
- Report the accident to your insurer and the at-fault party’s insurer if applicable.
- If you have Medicare/Medicaid or private insurance that paid your bills, notify them and track any conditional-payment process so you don’t delay settlement distribution.
- Keep itemized bills and records showing how each treatment relates to the accident — these documents support recovery of medical costs.
For general Nebraska state legal materials, you can search the Nebraska Revised Statutes at the Nebraska Legislature’s laws page: https://nebraskalegislature.gov/laws/laws.php.
Helpful Hints
- Seek medical care immediately — timely treatment helps both your health and your claim.
- Keep everything: medical records, billing statements, employer wage records, photos of injuries/scene, police reports, and any communications with insurers or providers.
- Tell your medical providers the treatment is related to the accident so bills and records clearly tie to the claim.
- Notify your health insurer early. Ask whether it will seek repayment from a settlement and what the process is for resolving subrogation.
- If Medicare or Medicaid paid, contact the appropriate agency promptly to learn the required steps to resolve conditional payments or liens.
- Do not sign any settlement release until you understand how medical bills and liens will be handled — signing a release can stop future claims for unpaid medical expenses.
- Request itemized bills and ask providers whether they will accept a reduced amount or place a lien against the settlement rather than pursuing full collection from you personally.
- Consider consulting a Nebraska personal injury attorney early — they can advise about liens, subrogation, fault allocation, and negotiating with insurers and providers. Many injury attorneys offer free consultations and work on contingency (they are paid a percentage of the settlement if you recover).
Disclaimer: This information is for general educational purposes only and does not constitute legal advice. For advice about your specific situation in Nebraska, consult a licensed attorney.