Disclaimer: This article explains how Nebraska law generally treats recovery of medical and therapy expenses after an accident. This is educational information only and not legal advice. I am not a lawyer. For advice about your specific case, consult a licensed Nebraska attorney.
Detailed Answer
In Nebraska, people who are injured in accidents can generally seek compensation for both past and future medical and therapy expenses that are reasonably related to the injury. Recoverable items typically include hospital bills, doctor visits, prescription medications, physical therapy, mental-health therapy, assistive devices (like braces or medical equipment), and reasonably necessary future care. Courts allow recovery for medical costs that are reasonable in amount and causally connected to the accident.
What counts as recoverable medical and therapy expenses?
- Past medical expenses: documented bills and payments for treatment already received.
- Future medical and therapy expenses: projected costs for ongoing or anticipated care, such as long-term physical therapy, counseling, surgeries, or home health care.
- Related out-of-pocket costs: travel to medical appointments, medical supplies, and reasonable home modifications.
How is future care proven?
Because future costs are speculative, Nebraska courts expect reasonable proof. Typical ways to prove future medical and therapy costs include:
- Medical records and treatment plans from treating providers describing ongoing needs.
- Written estimates or cost projections from medical providers or rehabilitation facilities.
- Reports from doctors or rehabilitation planners describing prognosis and recommended treatments.
- Documentation of the market cost for therapy sessions, durable medical equipment, or ongoing medications.
Who pays — and how do liens and insurance affect recovery?
Recovery is often reduced by liens, subrogation claims, and obligations to health insurers, Medicare, or Medicaid. Common issues include:
- Private health insurers and workers’ compensation carriers may assert a right to be repaid (subrogation) from any settlement or judgment.
- Medicare and Medicaid have federal rules that may require reimbursement from a settlement for conditional benefits those programs paid.
- Some providers may assert a hospital or medical lien under Nebraska law to secure payment from a settlement or judgment.
Handling liens, subrogation, and federal reimbursement obligations can be legally and factually complex. An attorney can help identify liens, negotiate reductions, and make sure you meet statutory notice and repayment rules.
Limitations and defenses that affect recovery
- Comparative fault: If you were partly responsible for the accident, your recovery for medical and therapy expenses can be reduced proportionally. Nebraska follows comparative-fault principles that reduce a plaintiff’s recovery by the plaintiff’s percentage of fault.
- Preexisting conditions: Defendants may argue an injury or need for therapy arose from a preexisting condition rather than the accident. You can still recover for aggravation of a preexisting condition, but proof linking the aggravation to the accident is necessary.
- Failure to mitigate: If you unreasonably stop treatment or refuse recommended care, a court or insurer may reduce recovery for avoidable worsening of your condition.
Timing — statute of limitations
Personal-injury claims in Nebraska must be filed within the time limit set by state law. Failing to file within that limit can permanently bar recovery. See the Nebraska statutes for the applicable filing deadlines and exceptions. A convenient place to review Nebraska statutes is the Legislature’s online statutes page for civil actions: Nebraska Revised Statutes, Chapter 25 (Civil Procedure). For specific filing deadlines, consult the statutes or a Nebraska attorney promptly.
Practical steps to strengthen a claim for ongoing medical and therapy expenses
- Keep thorough records: save medical bills, payment receipts, appointment notes, referral letters, therapy invoices, and mileage logs for medical travel.
- Follow treatment plans: attend recommended therapy and medical appointments and keep copies of treatment notes and progress reports.
- Get clear medical opinions: ask treating providers to explain the connection between the accident and ongoing treatment and to provide written estimates for future care when appropriate.
- Document out-of-pocket costs: keep receipts for medications, equipment, and related expenses.
- Notify your insurer and any liable party promptly and preserve all evidence (photos, witness contact info, incident reports).
When to talk to a Nebraska attorney
If you have ongoing injuries that require continued therapy, or your case involves significant future-care needs, complex lien issues, or contested liability, consult a Nebraska personal-injury attorney early. An attorney can:
- Assess and value past and future medical and therapy expenses.
- Collect and present medical proof to insurers, mediators, or a jury.
- Identify and negotiate liens and subrogation claims.
- Protect your ability to recover by meeting filing deadlines and procedural requirements.
Helpful Hints
- Start documenting everything now: contemporaneous records carry more weight than reconstructed memory.
- Ask providers for written treatment plans and cost estimates for future therapy or procedures.
- Do not ignore a medical bill thinking your claim will automatically cover it; unresolved bills can create credit problems and complicate negotiations.
- Keep consistent treatment—gaps or abrupt stops can be used against your claim unless medically justified.
- Be cautious with early settlement offers. Insurers often undervalue future-care needs.
- Consider care-planning reports (sometimes called life-care plans) when future needs are complex and long-term.
- Contact a Nebraska attorney before resolving liens or accepting a full settlement so you understand net recovery after repayments.