Unfortunately, obtaining reimbursement for medical expenses incurred as a result of an accident is seldom as simple as presenting your medical bills to the insurance company of the at-fault party. You should engage a qualified attorney who is familiar with medical compensation to ensure that you do not miss out on proper reimbursement.
You could also find it beneficial to educate yourself on the subject. To get you started, here are four key facts. Remember that you can contact Law Offices of Fernando D. Vargas at 909-982-0707 to request a free legal consultation.
It is possible that your medical bills may be challenged.
In a personal injury lawsuit, the defense will do all they can to decrease the amount of compensation that they must offer. They can try to claim that the medical bills you have submitted are for a previous injury that has nothing to do with the accident you have recently had.
They could also look into whether the severity of your injuries and the expense of treatment were inflated (by you or your doctor) as part of an insurance fraud plan. Finally, they may bring in their own experts, such as doctors and medical billing specialists, to argue that the billed amount is not “fair.”
You have a right to reimbursement for future medical expenses
Medical expenditures in a personal injury lawsuit are not limited to services you have previously received, been billed for, and/or paid for. You have the right to seek reimbursement for any future medical care you may require.
If a severe brain injury leaves a person in a vegetative state, for example, they may be entitled to lifetime nursing care. Working with an experienced medical professional who can precisely anticipate the path of your recovery and estimate your future medical bills is critical.
Your medical bills are the source of your pain and suffering
A great deal of case law has been devoted to the debate over whether people with medical insurance should be reimbursed for the entire cost of billed medical services or simply for their out-of-pocket expenses. You might question why it matters as long as the victim’s costs are paid at initially. It is important because pain and suffering is assessed as a multiple of medical costs.
If the defense tries to use the fact that you have insurance and that your insurance company paid less than market value for your care (due to a negotiated rate), your attorney can use California’s collateral source law to minimize your medical bills. This rule prohibits the presentation of proof of insurance coverage or negotiated rates, thus invoking it will assist protect your claim to fair pain and suffering compensation.
Your compensation may be restricted due to your share of the fault
It is vital to understand that if you are judged partially at fault for the accident, your overall compensation will be decreased. This may imply that you will be responsible for a percentage of your medical expenses.
Do you need assistance maximizing your medical compensation?
Request a free first consultation with Law Offices of Fernando D. Vargas at 909-982-0707 to understand how much you could be able to recover.
