When you are injured in an accident, you will likely seek medical treatment. If you end up filing a personal injury lawsuit, you can claim your medical expenses that you suffered as a result of the accident as damages.
This usually includes all of the necessary and reasonable expenses that you incurred because of the accident. You can generally claim all medical expenses, even if your insurance or the defendant’s insurance paid for any portion of the treatment.
Medical expenses are usually classified as compensatory damages, which are intended to compensate the injured party for their losses. Basically, you can claim any type of medical-related cost that you have endured as a result of your injuries.
Therefore, this can get expensive if your medical issues are ongoing and require a lot of treatment. For this reason, it is important to be very thorough when documenting injuries for the purposes of filing a lawsuit so that it is possible to calculate damages and not forget any expenses.
Some typical medical expenses that you can claim in a personal injury lawsuit include:
You should also keep in mind that you can claim future medical expenses in a personal injury lawsuit. Any future medical expenses you claim have to be connected to your original injury. For example, say you injured your spine in a car accident. At the time of trial, if you have not had surgery but plan to in the future, you can claim this is a future medical expenses.
In order to prove medical expenses at trial, you will need to present all of your medical bills that support the amount you are claiming. You may also need a treating physician or an expert witness to testify as to the reasonableness of the cost of your medical expenses.
You may also need medical witnesses to give the opinion that your claimed medical treatment was related to the accident at question.
Medical expenses often form the bulk of a person’s damages award in a personal injury lawsuit. Hiring a personal injury attorney would be beneficial for many aspects of your lawsuit.
An attorney could help you calculate your medical expenses and assist you with gathering all the necessary paperwork. An attorney can also consult with your treating physicians and hire an expert to help support the relatedness of the injuries and resulting medical expenses that you claim at trial.
Last Modified: 07-24-2018 10:52 PM PDTLaw Library Disclaimer
We've helped more than 4 million clients find the right lawyer – for free. Present your case online in minutes. LegalMatch matches you to pre-screened lawyers in your city or county based on the specifics of your case. Within 24 hours experienced local lawyers review it and evaluate if you have a solid case. If so, attorneys respond with an offer to represent you that includes a full attorney profile with details on their fee structure, background, and ratings by other LegalMatch users so you can decide if they're the right lawyer for you.