Medical Expenses in California Personal Injury Cases: How Are They Determined?
If you were injured in an accident and decide to bring a personal injury case against the party who was responsible, then there are a number of damages you may be compensated for. According to California law, you are entitled to recover damages for the medical expenses you accrued from your injury – as long as the courts agree that they were medically necessary. This includes both past and future medical claims. Keep reading to learn more and then call 909-982-0707 to get a free case evaluation with Law Offices of Fernando D. Vargas.
Recovering past medical expenses
As the name implies, the past medical expenses you’re able to claim are expenses for care that you’ve already received. This includes all medical costs, including consulting with doctors, tests, diagnostic procedures, treatment, surgery, rehabilitative care – as long as it’s already been administered then it is considered a past medical expense.
In the even that your medical expenses have been paid by your health insurance, you can be compensated for medical expenses that your insurer paid. Keep in mind that the amount billed by the hospital will not always match what the insurer pays because the insurer typically negotiates the costs. As a result, you may count the amounts paid as past medical expenses – not the amounts charged.
Recovering future medical expenses
It’s true that future medical costs from an injury can be difficult to predict, but they are a damage you can recover. For example, if you suffered a burn injury, then our medical experts could provide testimony that indicates to the courts the likely cost of future surgeries and other treatments.
Who decides what is reasonably necessary?
California law says that in a personal injury case, a plaintiff is able to recover medical expenses (both past and future) but that those expenses must be “reasonably necessary.” This stipulation is there to prevent a person from getting unrelated medical care and saying it was covered by their injury.
In reality, the defendant is only responsible for the medical expenses necessary as a result of the injury they’re being sued for. This generally refers to any medical care given that was related directly to the injury. If there is any question about your medical costs and whether they were they were necessary, we’ll bring in medical experts who can clearly explain why you needed the care you received.
You deserve an experienced personal injury attorney on your side
If you’ve been injured as the result of someone else’s negligence or recklessness, then you need to work with an attorney who can help. Contact Law Offices of Fernando D. Vargas at 909-982-0707 right away and we can provide you with a free case evaluation. We’ll go over the basics, let you know what your options are, and you can make an informed decision about whether or not you want to move forward.