Are Medical Bills Included In A Bodily Injury Award?
Yes. Medical bills are figured in as part of the gross settlement amount. The most significant expense an injured person experiences after an accident are medical bills, if they are included, and who pays for them.
Fortunately, those injured due to another’s negligence can file claims or a lawsuit against the negligent party’s insurance company to recover the damages. Here, our best personal injury attorney will answer the question that most of you may have: “Are medical expenses included in personal injury settlements?”
What Kind of Medical Expenses Are Recoverable in a Lawsuit?
In cases where an injured victim suffers serious injuries, they may need to stay at the hospital much longer and require rehabilitation.
Bodily injury claims, “personal injury claims,” and “PI awards” are usually used synonymously. Medical bills are often aggregated into the settlement amount with lost earnings, loss of consortium, if appropriate, and any other incidental expenses, like purchasing wheelchair-accessible vehicles.
If you settle your personal injury claim, your settlement may include all or only one of these damages. It is usually a good idea to determine what recovery is provided for what is in the interest of tax reasons and repayment, as well as the rights to recovery on other expenses incurred.
Any medical bills arising due to another’s negligence can be compensated, and these may include the following:
- Emergency room visits
- Transportation to and from the hospital, if required
- Hospital fees for stays
- Surgery costs and other medical procedures fees
- Fee for diagnostic including CT scan, MRI, and other imaging tests
- Lab tests fee
- Follow-up visitations
- Visitations to medical specialists
- Rehabilitation and physical therapy
- Prescription medications
- In-home medical care
- Future medical care
- Equipment to cope with your injuries, such as a wheelchair
- Hospice care.
The expenses mentioned above are not the only types of medical bills an injured victim may be able to obtain. They can recover any cost arising from the medical treatment of their injuries due to another’s negligence, including future medical expenses.
How Can I Prove My Injuries to the Insurance Company?
When a person suffers injuries due to someone else’s fault, they must prove all the damages from the other person’s negligence.
Keeping all medical bills and hospital documentation safe after every visit is crucial. These are often used to prove that the medical care was necessary and that the expense resulted from the original injury.
Can my insurance company pay my medical bills before I receive a settlement?
Since it can take a long time (months or, in some cases, years) to receive a settlement from a personal injury claim, paying medical bills is one of the significant concerns injured victims have following an accident.
Depending on the severity of the injuries, personal injury medical expenses can cause financial strain on the victim and their family. Those who cannot pay for their medical treatments have three ways to prolong or finance their medical bills following their accident.
Med Pay
Medical Payments coverage, also known as Med Pay, is additional coverage on your auto insurance and pays the medical costs for injuries resulting from any vehicle accident.
Regardless of who is at fault, this insurance coverage will cover your and your passenger’s injuries. Med Pay coverage will also be responsible for paying reasonable and necessary medical bills if you’re a passenger or a pedestrian injured in an auto-vehicle accident.
In no-fault states, including Florida, Hawaii, New York, Utah, and others, drivers must add Personal Injury Protection (PIP) to their car insurance. PIP pays for medical costs from a car accident, but unlike Med Pay, it also covers lost wages and funeral costs.
Since Med Pay is not mandatory insurance coverage in fault-based states like California, you may not have it added to your insurance policy.
If that is the case, you may want to use your health insurance to pay your medical bills.
Health Insurance
If you have health insurance, your insurer will cover your medical expenses up to your policy limit, regardless of who is responsible for your injuries. You will have to pay the deductible and copays from your pocket.
In accidents resulting in injuries due to another’s negligence, the at-fault party’s insurance company is responsible for paying the damages. Since the process can take time, your health insurance provider may pay for the treatment and, through the process of subrogation, receive reimbursement from the negligent party’s insurer or request you for payment once you receive your settlement check.
Medical Liens
If you don’t have any Med Pay and health insurance, there is a third option to delay medical bills until you’ve recovered a settlement in your personal injury lawsuit, known as a medical lien.
Some medical providers and doctors may provide a medical lien, meaning you will receive medical treatment without any upfront payments.
However, when you receive your settlement, you must first clear your dues with the medical provider.
If you require medical treatment on a lien basis, our personal injury attorneys can help locate world-class medical providers who may work with you.
Do I Have to Pay Medical Bills from My Settlement?
When you receive medical treatment, and an insurance company settles the payment with the medical provider for you, whether it is your car insurance coverage, health insurance, or Medicare, you will most likely have to pay them back for the medical lien.
Your Car or Health Insurance Company Receives Priority after a Settlement
Once you’re injured due to another’s negligence, your auto or health insurance company must pay some of your medical bills. This obligation would’ve not happened if someone else’s negligence didn’t result in your injuries.
Your insurer can recover money following your personal injury settlement for their “injuries”; otherwise, you would be unfairly compensated twice.
A Personal Injury Lawyer Can Help Negotiate Your Repayment
Depending on your insurance type and your personal injury settlement, you might need to pay back your insurer from the personal injury settlement amount.
It can be complicated to wrap your head around this, and an experienced personal injury lawyer can help determine whether you have to pay the insurer. They can also negotiate with the insurer on the repayable amount if you have to pay them back.
Schedule a Free Consultation with Ehline Law
If you suffered injuries from an accident that was not your fault, contact us at (833) LETS-SUE for a free consultation on your personal injury case, as you may qualify for compensation.
Handling personal injury cases can be challenging, but our experienced personal injury attorney can maximize your settlement by adequately assessing the economic and non-economic damages arising from your personal injury accident. We will also handle the settlement check process and clear your outstanding medical bills, so you don’t have to worry about dues.