Medical Expenses in Personal Injury Claims
Key Takeaways:
- In a negligence lawsuit, the party responsible for causing the accident is liable for medical expenses.
- Damages in a personal injury lawsuit can include past medical treatment and future medical care.
- The hospital may put a healthcare lien on your personal injury claim for reimbursement from your settlement award.
Medical care in the United States is among the most expensive in the world. A few days in the hospital can cost more than $50,000. Emergency surgeries can cost hundreds of thousands of dollars. If you were injured in an accident caused by someone else, they should be responsible for paying for your medical expenses.
A personal injury lawsuit will allow you to get compensation for medical bills, property damage, and pain and suffering. To understand what you can recover after an accident and how best to recover it, talk to a personal injury lawyer.
Who Pays Your Medical Bills After an Injury Accident?
Under negligence laws, the party responsible for causing an injury accident is liable for damages. For example, if another driver was texting while driving and ran a red light, causing an accident, the at-fault party is responsible for any damages. The driver was negligent because they violated traffic safety laws, causing an accident.
Car accident injury claims are not always based on negligence. Some states have no-fault policies for auto insurance claims. With personal injury protection (PIP), a driver’s own insurance policy provides coverage. The driver’s car insurance covers the driver and passengers injured in a car accident.
If another driver causes an accident, your own PIP auto insurance company provides insurance coverage for your medical bills and property damage. Your insurance company covers damages regardless of who was at fault.
What Costs Are Included in Medical Expenses in a Personal Injury Claim?
Damages available in a personal injury case should cover all medical expenses related to the accident. This includes out-of-pocket expenses, continuing medical costs, and future medical care.
Your medical expenses may continue until you reach maximum medical recovery (MMR). Maximum medical improvement is the point where there will not be any significant change in your medical condition.
After an accident, your personal injury attorney may advise you to keep track of all expenses. This can help when you need to show evidence of the total costs of your economic and non-economic damages.
Future Medical Expenses After a Serious Injury
Serious injury accidents may require a lifetime of medical care. Brain injury, birth injuries, and spinal cord damage can result in permanent damage. The injured party may require continuing medical care for the rest of their lives. Future medical expenses can include:
- Surgery
- Pain medication
- Wheelchairs or mobility devices
- Home modifications
- In-home care
- Physical therapy
- Long-term care
Your attorney may use a medical expert to provide a report on the extent of your injuries and what kind of care you may require in the future.
How Do You Prove Medical Expenses in a Personal Injury Lawsuit?
For past medical expenses and continuing medical care, you can show evidence of the economic costs of care. This includes medical bills, receipts, and out-of-pocket expenses. Make sure you keep a record of all costs associated with your injury accident to get compensation.
Future medical costs can be more complicated to prove. A life-care planning expert witness can help the jury understand future medical costs. If you require medical care for the rest of your life, the experts can present projected costs based on economic data.
Can Your Lawyer Help With Medical Liens?
Even if you don’t have the money to pay for your medical care, the hospital and healthcare providers may still provide treatment. However, the hospital may put a medical lien on your lawsuit to get paid if you win your case. A medical lien is a security interest to obtain payment for medical debts.
The health insurance company can use a healthcare lien to claim a part of your settlement award. Medicare and Medicaid may also have a recovery claim to get payment for medical costs related to a personal injury settlement.
Your personal injury attorney can help negotiate medical liens so you can keep more of your settlement award.
How Can a Lawyer Help With Medical Bills After an Injury Accident?
After an injury accident, you have to deal with medical bills and collections while trying to recover from your injuries. Your attorney can give you peace of mind and deal with the insurance companies, so you don’t have to. Your attorney can negotiate a fair settlement so you can move on with your life. Contact an experienced personal injury attorney to understand your legal options.
At LawInfo, we know legal issues can be stressful and confusing. We are committed to providing you with reliable legal information in a way that is easy to understand. Our pages are written by legal writers and reviewed by legal experts. We strive to present information in a neutral and unbiased way, so that you can make informed decisions based on your legal circumstances.