Medical expenses often make up the bulk of the costs associated with a personal injury claim. Hence, they can put a serious financial strain on families, especially for those who don’t have health insurance and must pay out-of-pocket for services. Even individuals who do have insurance may have high deductibles, coinsurance amounts and co-payments.
Whether your injury was as a result of an auto accident, a work accident or medical malpractice, you deserve to receive compensation for your injuries including all necessary and reasonable medical expenses.
Medical expenses can include those you’ve already incurred in connection with your injury as well as anticipated medical costs for ongoing care. Furthermore, medical expenses are usually part of compensatory damages (which the defendant pays to the victim) in a personal injury claim.
Medical costs which result from a personal injury can be very expensive especially if you need surgery, are hospitalized or require ongoing rehabilitation for your injuries. The types of medical expenses which may be part of a personal injury lawsuit can include:
It’s very important to document all medical expenses associated with your injury claim and attend all your appointments and therapy sessions. Not doing so could result in a lower damages award.
When pursuing compensation, proving that your medical expenses resulted from an injury may require the input or testimony of an expert medical professional as well as the services of an experienced personal injury attorney.
Thorough documentation is important for proving the total cost of your medical treatment. This documentation may be used in court or as part of your settlement out of court.
Be sure to keep all hospital bills, health insurance statements, bills and receipts for medical treatments (including physical therapy), pharmaceutical receipts and any other documents that show the medical costs you incurred. You have the right to collect all your medical records. It will actually save you money. If an attorney has to obtain your medical records, the medical providers will charge them fees. This is sometimes from a third party medical records service and at your expense.
The short answer is yes, but with some caveats. You most certainly will be able to recover out-of-pocket expenses from deductibles, coinsurance amounts and co-payments which insurance doesn't cover. This is whether it is your insurance or the other party's. If your insurance company has already paid the expenses, you will be required to reimburse them from your settlement.
When you have an experienced personal injury attorney by your side he/she will help you maximize your recovery. This is because he/she is has all the necessary experience in dealing with insurance companies. Plus a personal injury attorney also knows the laws and your legal rights to fair compensation for your injuries, pain and suffering. You will never do as well on your own as an experienced injury attorney can at negotiating a settlement.
The experienced attorneys at the Law Offices of Marc J. Shuman & Associates, LTD have won millions for our clients and their families. We’ve represented clients in personal injury claims including auto accidents, motorcycle accidents, wrongful death, worker’s compensation claims, medical malpractice and more.