How Do You Recover Medical Expenses After a Car Accident? A Carlsbad Personal Injury Attorney Explains

Use Personal Injury Protection (PIP) Coverage

If you have purchased Personal Injury Protection (PIP) insurance as part of your insurance coverage, you can probably recover medical expenses directly from your own insurance company. PIP reimburses for medical expenses and lost wages fairly promptly, regardless of who was at fault, so you don't have to wait on an extended claims process to get at least some of the money you need.

File a Claim With the At-Fault Driver's Insurance

If the other person is at fault for the accident, you can file a claim with their insurance company. The key will be proving that the other person is liable, either with police reports and eyewitness accounts, or through hotographs and videos of the accident scene, if you have them. If it's not clear that the other person is liable for the accident, you may need an attorney to help you collect evidence and establish who was at fault.In the claim, you'll outline your injuries, the medical treatment that was required to treat you, and all associated expenses caused by the injury (like taxi fare to and from medical appointments if you were unable to drive yourself). The insurance adjuster will review the claim and determine the amount they are willing to pay. The first offer you receive will usually be lower than what you need, so always run these by your lawyer, who will negotiate for you.

Pursue a Personal Injury Lawsuit

It might be necessary to file a personal injury lawsuit against the person who was at fault for the accident. If you have long-term or permanent injuries that need ongoing care, you most likely will have medical bills that need more compensation than insurance can or will provide. If that is the case, a lawsuit might be your best option for covering immediate as well as future medical costs, especially if the insurance company offers a settlement too low to cover your expenses or they're not willing to negotiate.If you decide you need to file a lawsuit, never try to do so without a lawyer. Your lawyer will be familiar with what kind of additional evidence which may be needed in a court case to prove liability. You will also need to show proof of the extent of your injuries and the expected costs of your recovery. Litigation might take longer to get compensation than insurance, but it often can provide greater compensation. It is sometimes the only way to get fair compensation for your medical needs.

The Types of Damages You Can Claim

Medical Expenses

You can generally claim for expenses like emergency room visits, ambulance fees, surgeries, follow-up appointments, physical therapy, and prescription medications. If you need ongoing care, you may also be able to claim for long-term costs like rehabilitation, home care services, and specialized medical equipment. It may also be possible to claim for any necessary modifications to your living space if the accident results in a disability.

Lost Wages and Reduced Earning Capacity

If the accident has impacted your ability to work, you can claim for lost wages. Lost wages refer not only to the income you directly missed due to recovery but also time off work for medical appointments. You may also be able to include reduced earning capacity in your claim if your injuries prevent you from returning to your job or affect your ability to earn as much as you did before. In some cases, you may be able to claim overtime, if you are able to show that you usually took a certain number of overtime hours per month and were prevented from doing so.

Pain and Suffering

Pain and suffering are considered a form of non-economic damages, which you may be more likely to recover with a personal injury lawsuit than with a claim through insurance. "Pain and suffering" is the legal term used to refer to the physical and emotional effect of the accident on your daily life. Pain, discomfort, anxiety, or depression are all common elements in a pain and suffering claim.It can be difficult to calculate damages for pain and suffering since it means putting a dollar amount on something intangible. The multiplier method is one method that lawyers often use: medical costs are multiplied by a certain factor, and the resulting number is used to estimate the amount of compensation that would be fair.

What to Do If There's a Medical Lien

Medical providers may place a lien on your settlement if they haven't been paid for services provided following the accident. A medical lien gives healthcare providers the right to claim a portion of your settlement to cover your unpaid medical bills, and rest assured that these liens are common and are a good thing: they enable to you to get the care you need without being financially ruined.However, with a settlement in their sites, it's not unheard of for medical providers to generously pad their bills, so you'll want an attorney to negotiate the amount of the lien so as much of your settlement as possible goes to you.

Gather and Organize Your Medical Records and Bills

You will need a detailed record of your medical journey after the accident. Keep every piece of documentation you receive, from diagnosis reports to prescriptions and discharge summaries. Gather all medical records and bills to establish the extent of your injuries and your expenses costs. Don't forget to include receipts for any out-of-pocket expenses you have related to the accident, like medication or transportation costs for medical appointments.It might also be a good idea to collect statements from medical providers or specialists. These could be very helpful as additional evidence of the accident's physical or financial impact. Organize these records chronologically so you have a clear, step-by-step account of your treatment.

Don't Forget the Statute of Limitations

In New Mexico, the statute of limitations is generally three years, which means that you have up to three years from the accident date to initiate legal action. If you miss this deadline, you will not be able to pursue compensation in most cases.

Contact a Car Accident Attorney

A car accident lawyer who specializes in car accident cases will be familiar with what kind of evidence is needed and how to calculate damages. They will also be experienced in negotiations, which will be necessary if the settlement that is offered is too low, and will know how to dispute a claim if it is denied.It's especially wise to hire an attorney if you're dealing with very high medical expenses or there is a dispute over who was at fault for the accident. Your lawyer will be able to advise you on the best course of action for getting compensation, and will handle the legal and financial aspects of your case while you are recovering.If you've been injured in a car accident and need assistance recovering your medical expenses, reach out to Cesar Ornelas Law in Carlsbad, NM and throughout New Mexico, California, and Texas for support through each stage of your claim.