Recovering Medical Expenses

The medical expenses in a personal injury case can quickly add up. If you suffered injuries due to someone else’s negligence, you deserve to recover compensation that covers your medical expenses, from emergency room visits to long-term physical rehabilitation.

Understanding what you can recover in a personal injury claim is crucial to ensure you don’t bear the financial burden caused by another party’s negligent actions. With the assistance of a personal injury attorney from Cain Law, you can pursue compensation for your medical bills, lost wages, and other losses.

Oklahoma Laws on Recovering Compensation for Medical Expenses After a Personal Injury

Oklahoma Statutes §12-3009.1 states that personal injury victims can sue for medical expenses related to the accident, “including doctor bills, hospital bills, ambulance service bills, drug and any other prescription bills, and similar bills.”

When determining the amount of compensation to award a personal injury victim, the court considers the actual amounts you paid for these services, not the amounts billed. You must submit a signed statement acknowledged by the medical provider that the provider will accept the amount you paid as full payment for the bill for you to recover this compensation.

If your medical provider filed a lien in the case for any amount over what you have paid, the bills you incurred in excess of what you paid are admissible as evidence of your damages, up to the amount of the lien.

If you have not paid medical bills, the court uses Medicare reimbursement rates in effect at the time of the injury if your healthcare provider acknowledges they will accept payment at this rate as full payment for the services they rendered.

What Medical Expenses Can I Sue for in a Personal Injury Claim?

In an Oklahoma personal injury case, you can seek compensation for a wide range of medical care expenses. The most common medical expenses in injury cases are:

Emergency Room Visits

An emergency room visit may be necessary immediately following your injury or if complications arise. While the care you receive in an emergency room can be life-saving, it can also be costly, significantly contributing to your medical expenses.

Hospital Stays

Extended hospital stays are sometimes necessary for serious injuries that require medical staff to monitor your condition. The costs of overnight stays, continuous monitoring, and intensive medical treatment can be substantial.

Surgeries

Surgeries are necessary in some personal injury cases to repair broken bones, torn tendons and ligaments, and damaged internal organs. Surgical procedures are among the most expensive medical services. You can seek compensation for these costs as part of your personal injury settlement.

Diagnostic Tests

Accurate diagnosis is essential for determining the extent and severity of your injuries. The costs of tests like MRIs, CT scans, X-rays, and blood work are necessary but recoverable in your personal injury case.

Follow-Up Treatment

After your initial treatment, you may need to attend follow-up appointments with your treating physician and other specialists to monitor your recovery and adjust your treatment plan. These ongoing medical appointments contribute to your case’s medical expenses.

Medication

The financial compensation you seek through your personal injury claim can also cover prescription medications for pain management, infection prevention, or other uses. Include all necessary medications in your medical costs.

Rehabilitation and Physical Therapy

For many personal injury victims, rehabilitation is a significant part of recovery. Physical therapy is often vital for restoring function and mobility in the affected body parts. By seeking compensation through an injury claim, you won’t have to worry about these rehabilitation costs.

Mental Health Counseling

The psychological impact of an injury can be just as significant as the physical injury itself. Counseling or therapy sessions may be necessary to address issues like PTSD, anxiety, or depression resulting from the accident. These expenses are part of your medical care and can make up a portion of your settlement funds.

Future Medical Expenses

In some cases, injuries may require ongoing treatment or care, which leads to future medical costs. Estimating your future medical expenses is crucial for ensuring your personal injury settlement covers all your needs.

The first step in estimating your future medical costs is to reach maximum medical improvement (MMI). MMI is the point at which your injuries are unlikely to improve further with additional treatment. Once you reach this phase, you can be reasonably certain you will not have any more surprise medical expenses.

After reaching MMI, your legal team and treating physician can assess your condition by reviewing your medical records, considering the severity of your injuries, the likelihood of future surgeries, the need for ongoing medication, and potential long-term care needs. Your attorney uses these estimates to determine the amount you should seek through your personal injury claim.

Medical Expenses Related to Aggravated Conditions

In some cases, you may have a medical condition or disability that was aggravated because of the accident. Oklahoma’s jury instructions state that you can recover damages for the additional injury caused by the aggravation. Your medical bills need to clearly delineate your pre-existing condition from the new injury and describe how the new injury has affected it. Cain Law works with a network of medical experts who can provide the documentation you need to prove the aggravation of pre-existing conditions.

How Can I Pay My Medical Bills While My Personal Injury Case Is Pending?

Managing your outstanding medical bills while you pursue compensation for your injuries can be stressful. Fortunately, several strategies can reduce, postpone, or cover these costs until you secure your settlement funds, such as:

Private Health Insurance

If you have private health insurance, you may be able to use it to cover your medical expenses while your personal injury case is pending. However, your health insurance company may seek reimbursement from your settlement, so it’s important to discuss this option with your personal injury lawyer.

Med-Pay Coverage

If you were injured in an auto accident and your auto policy includes optional Med-Pay coverage, you can submit a claim for your medical bills to be paid under that policy. This coverage can pay your medical bills up to the policy limits.

Pre-Settlement Loans

A pre-settlement loan provides you with a cash advance against your expected settlement. These loans can help you cover your medical expenses, but you should carefully consider their potential interest and fees before opting for this solution.

Medical Liens

A medical lien allows your healthcare provider to receive payment directly from your personal injury settlement. This means you can receive the necessary medical treatment without paying upfront, but your healthcare provider will receive their share of your settlement before you receive any money.

Contact Cain Law for Immediate Legal Assistance

Medical expenses account for a significant portion of the damages awarded in personal injury cases. For this reason, it’s crucial that you properly calculate how much you owe for past medical care and how much you expect to spend on future medical care.

An experienced personal injury attorney can assist you with calculating the full extent of your past and future medical expenses. They can review your medical records, speak to your doctor, and consult expert medical witnesses to get a complete and accurate picture of your medical costs.

If you suffered an injury caused by someone else’s negligence in Oklahoma, contact Cain Law for a free consultation with our team. We’ll review your case, provide a preliminary estimate for your medical expenses and other damages, and explain your legal options for securing the compensation you deserve.

Don’t let the stress of medical expenses after an injury overwhelm you. Let our dedicated legal team handle your case so you can focus on your recovery.