After an accident or injury, you may require medical treatment to make a full recovery. This can include medication, surgery, physical therapy, and a host of other treatment methods. Unfortunately, healthcare costs are expensive and can leave a victim in a precarious financial situation.
“Injury bills quickly pile up, especially if you require specialized, long-term medical care. However, you should not bear this burden alone; the person responsible for your injuries should shoulder the costs of medical care and other expenses,” observed personal injury attorney Russell Berkowitz.
This piece helps you understand how you can recover medical expenses from an at-fault party in a personal injury case:
The Concept of Medical Expenses in a Personal Injury
There are two forms of damages in a personal injury claim: economic and non-economic. Economic damages are losses that a victim can easily calculate and determine their value. They provide a framework for compensation for the direct financial losses caused by the harm.
Medical bills, property damage, and missed profits are some examples of economic damages. Conversely, non-economic damages are unquantifiable losses you suffer in an accident. Examples include trauma, loss of companionship, and pain and suffering. You need the help of a professional to determine the value of your non-economic damages.
Medical expenses also include the costs associated with your medical care after a personal injury incident. They include ambulance fees, prescription medication, physician-ordered therapy, and ongoing treatment. Further, medical expenses cover the cost of travelling for medical appointments and equipment, such as wheelchairs or crutches.
You can include every expense associated with your treatment in your medical expense claim. You must document everything because you should not financially answer for another person’s negligence.
Understanding Liability in a Personal Injury Claim
Liability is the centerpiece of every personal injury claim. In other words, the victim must establish the connection between the defendant and their injury. You must explain how the defendant causes your harm. Liability hinges on negligence. You must explain that the defendant did not exercise reasonable care while dealing with you, causing you harm.
For instance, they ran a red light while you were driving lawfully. However, the concept of “strict liability” does not require the plaintiff to prove the defendant’s negligence. You only need to establish that your injury occurred due to the defendant’s product or actions. The strict liability concept often works under defective product claims.
The main purpose of a personal injury claim is to demonstrate liability and prove your injuries were the result of someone else’s negligence. You can only recover medical costs and other damages after establishing liability.
You must be able to convincingly explain that a defendant is directly responsible for your injuries and that you would not have been harmed without their action or inaction.
How to Establish Medical Expenses in a Personal Injury Claim
Establishing your medical expenses is crucial if you want your personal injury claim to succeed. Medical bills and receipts are incontrovertible evidence. You need medical bills to prove you stayed in a medical facility and how much your treatment costs. The receipts will help you establish your expenses on medical equipment and prescription medication.
You must adequately document everything from the beginning. You can also get doctor and therapist reports to affirm the need for long-term or ongoing treatment until you make a full recovery. Your evidence must be solid to increase your chances of a positive outcome.
You must be organized, systemic, and strategic with your evidence. Liaising with your attorney can give you an edge.
Why You Should Involve an Attorney in Your Personal Injury Claim
Ordinarily, a negligent party should reimburse you every cent you spend on medical services. However, without proper guidance, you may end up with nothing. Most defendants and their insurers will deploy different tricks to reduce your claim. This is why you need a personal injury attorney.
The insurance firm may argue that you had some pre-existing medical conditions before the accident or did not follow your treatment schedule. Without an attorney to counter their argument, they may successfully shortchange you.
Well-trained personal injury lawyers know the tricks of insurance adjusters. Once they see an attempt to shortchange you, they can take action to curtail these tendencies. However, as a layperson, you might be unable to effectively present your claim.
An attorney can help you navigate the legal complexities and focus on the merits of your case. Your lawyer’s ultimate aim is to defend your rights and ensure you get adequate compensation.
