Kentucky Injury Attorney Fighting for Compensation for Medical Expenses
A personal injury claim results in compensation. While there are various categories and subcategories for compensation, the most common is medical expenses.
You are entitled to recovery for all medical expenses and medical-related costs you encounter from the injury. This also includes future medical treatments and costs you might experience out-of-pocket.
When recovering medical expenses, it is important to know the facts. Not all costs are compensable, especially if you seek alternative treatments or skip doctor’s orders.
What Facts Should You Know About Recovering Medical Expenses?
Compensation is much more complicated than giving a number and receiving a settlement for that amount. Instead, it requires your attorney to perform a complex calculation, then uses a modifier to determine how much of your expenses play into your other damages — such as pain and suffering.
Medical expenses fall under the category of economic damages. Economic damages are easier to calculate than non-economic damages.
When seeking medical expenses, here are five important facts to know:
- You must prove your medical expenses. This is no time to estimate. While your attorney estimates future costs, these are based on precise calculations and often done by an accountant who can correctly forecast those costs. To prove your past medical expenses, you must provide hospital bills, treatment receipts, pharmacy bills, and insurance payments made to your medical provider.
- Alternative or unnecessary treatments will not be covered. Alternative treatments not prescribed by your physician, or unnecessary procedures that cannot be justified through a medical examination are not compensable. The defense might argue certain procedures are unnecessary, but if your doctor testifies to their purpose, the courts may allow the charges.
- Save all paperwork if you want to receive compensation. To recover medical costs, save every potential piece of evidence. This includes prescription bottles, recipients, and any treatment plans you sign. The more concrete evidence you have to establish your treatments the better.
- An independent medical examination might be required. If you have future medical costs to calculate, the insurance company may require an independent medical examination. This allows them to assess the true extent of your injuries and determine if your projected future treatments are necessary for recovery.
- Insurance companies do not pay your medical bills. While you have a pending claim, the insurance company does not pay your medical costs. Instead, you must pay for your medical payments using auto insurance or health insurance. However, once you receive a settlement, the insurer that paid for your expenses will require reimbursement.
To Explore Compensation Options Talk with a Personal Injury Attorney
After a serious injury, talk with an injury lawyer who can better calculate your potential compensation.
The statute is very complex to decode, especially regarding what compensation you can receive and how to calculate it. Furthermore, the evidence you have will determine how much compensation you receive versus what you paid.