Can I Claim Healthcare Expenses In A Personal Injruy Lawsuit?
Being injured in an accident is a terrible experience; however, when it is due to the negligence of another party, it raises issues about who is responsible for the financial expenses and other losses. Regardless of the severity of the injuries, you will likely experience some type of financial loss in addition to the pain and suffering you will experience as a result of your injuries. Healthcare expenses, lost wages and other expenses can quickly add up in a personal injury claim. It may be necessary to file a lawsuit to recover these expenses.
Healthcare Expenses and Other Claims in a Personal Injury Lawsuit
In most personal injury claims, healthcare expenses and lost wages comprise the largest portion of the settlement or jury verdict. As the severity of the injuries rise, healthcare expenses also rise. For example, treating a broken bone may simply require the bone to be set and a cast to be placed on the bone until it heals. However, if you require surgery to repair the damage, the healthcare expenses dramatically increase. Furthermore, you will probably require physical therapy to recover fully. Those costs should be the responsibility of the party that caused your injury. For individuals who require future medical treatment because of their injuries, the healthcare expenses for those treatments can also be included in the claim or the lawsuit.
When we look at lost wages, we look at the wages that have been lost to date as well as the wages you may lose in the future as a result of your injuries. For those who are unable to return to work at all, we include an estimate of the wages that the person would have earned if he or she had been able to return to work. If the individual is able to return to work but will not earn the same wages due to injuries, we include a claim for lost earning capacity or the difference in what he or she would have earned and what he or she will earn because of the accident.
Including All Healthcare Expenses in a Demand for Settlement
Therefore, the severity of the injuries has a direct impact on the healthcare expenses and the lost wages that will be included in a settlement demand. It is very important that we wait until an individual has reached maximum medical recovery before we prepare a demand for settlement. A person reaches maximum medical recovery when the physician states that he or she has reached their maximum medical improvement and that any conditions that he or she has are likely to be permanent. We want to reach this state so that we can include all healthcare costs that have been incurred to date plus any future healthcare costs that a medical professional states will be required to care for the individual.
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The personal injury attorneys of Musselwhite Meinhart & Staples, PSC have over 50 years of combined legal experience. Our attorneys work diligently to ensure that you receive the compensation you are entitled to receive for your injuries. We represent clients in Hardin County, Jefferson County, and throughout central Kentucky from our offices in Radcliff and Elizabethtown and Louisville.
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