PERSONAL INJURY I CAR ACCIDENTS I FAQ CAR ACCIDENTS I FREQUENTLY ASKED CAR ACCIDENT QUESTIONS – Can I Recover my Medical Bills if I was involved in a Car Accident?
May 29, 2020
In our series of blogs titled “FAQs Car Accident” or “Frequently Asked Car Accident Questions”, a common question posed to our Car Accident Attorneys include: “Can I Recover my Medical Bills if I was involved in a Car Accident”?
In short, yes. If you were injured in a Car Accident and you incurred medical bills as a result of the motor vehicle collision, you will be reimbursed by the at fault party’s insurance carrier. Medical bills are a form of economic damages, and economic damages constitute a portion of compensatory damages. Compensatory damages are those damages that an injured car accident victim may recover in a personal injury claim following an auto collision.
In order to recover medical expenses following a motor vehicle collision it is necessary to prove that the medical expenses incurred were a result of the underlying motor vehicle accident. Specifically, the underlying auto accident should be mentioned in the medical records as well as an outline of the sustained injuries or diagnoses resulting from the underlying car accident.
While you will be compensated for medical bills incurred following a car accident the process to secure compensation for these medical expenses is rather lengthy. What typically occurs is that these medical expenses are not submitted until well after medical treatment is complete and there has been a pause to see what the permanent and residual effects are following the collision. Because of this gap in time, medical expense may not be reimbursed until years following the underlying car accident. Despite providing insurance carries all the medical bills with the supporting medical records, adjusters may still attempt to contest causation and claim that the incurred injuries and medical expenses were not a result of the underlying accident. This is a prime reason to make sure that you are represented by an experienced personal injury attorney following a collision. Retaining a seasoned personal injury attorney following a car accident will ensure that you take appropriate and preventative measures to ensure that adjuster will not prevail in contesting causation following an automobile accident.
Compensatory damages, which are recoverable following a car accident, include incurred medical expenses. For more information on recoverable compensatory damages following a car accident, see our previous blog titled: “Personal Injury Damages – Compensatory Damages” linked here: https://dianalegal.com/personal-injury-personal-injury-damages-compensatory-damages/; as well as our personal injury damages chart below. The Personal Injury Damages Chart outlines the Special Compensatory Damages/Economic Damages and General Compensatory Damages/Non-economic Damages, both of which are available to injured parties following a car accident.
|Personal Injury Damages|
|Special Compensatory Damages/ Economic Damages|
|Special damages are unique to the individual plaintiff and vary significantly from one plaintiff to the next. An award for special damages compensate a plaintiff for costs and expenses incurred as a result of the incident or accident that caused their injuries.|
|Common types of special damages:|
· loss of earnings
· property damage
· loss of future earnings
· past medical expenses
· cost for future medical care
· cost of household expenses
· reimbursement for cancelled trips or altered plans
|General Compensatory Damages/Noneconomic Damages||General damages compensate a plaintiff for non-monetary damages incurred in a personal injury claim.||Common types of general damages:|
· physical pain
· loss of enjoyment of life
· emotional distress
· mental anguish,
· pain and suffering,
· loss of enjoyment
· loss of consortium or companionship
|Punitive Damages||Punitive damages are only awarded to an injured plaintiff when the defendant’s conduct was despicable or reprehensible. Punitive damages are designed to punish a wrongdoer for the wrongful conduct and discourage similar conduct in the future.||Punitive damages are awarded when the defendant engaged in malicious, oppressive or fraudulent conduct.|
· Malice: means that the defendant acted with intent to cause injury or with willful and knowing disregard of the rights and safety of another.
· Oppression: means the defendant’s conduct was despicable and the plaintiff was subject to cruel and unjust hardship in knowing disregard of their rights
· Fraud: means the defendant intentionally misrepresented or concealed a material fact and did so intending to harm the plaintiff
For more blogs discussing “FAQs Car Accident” or “Frequently Asked Car Accident Questions” see the links below:
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