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Can I Recover My Medical Expenses in a Lawsuit?

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Kantrowitz, Goldhamer, Graifman, Perlmutter & Carballo, P.C.

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Written/Reviewed By:

Barry S. Kantrowitz, Esq.

Last Updated: Jun 12, 2026

Read Time: 3 mins

You could recover your medical expenses in a personal injury lawsuit if you were injured due to the negligence of another person or entity. Particularly for seriously injured victims, medical expenses may encompass a significant amount of your total damages. Contact us at Kantrowitz, Goldhamer, Graifman, Perlmutter & Carballo, P.C., if this has happened to you. We are tireless advocates for our clients.

Types of Medical Expenses for Which You May Recover in a Personal Injury Lawsuit

Fortunately, the legal system provides recourse for victims. There are several types of medical expenses for which you may recover in a personal injury lawsuit:

Transportation by ambulance or helicopter
Visits to the ER
Surgeries and procedures
Hospital visits and stays
Doctors’ visits
Assistive devices
Physical therapy
Psychological therapy
Prescription drugs
Alterations to your home that are necessitated by your injuries, such as installing a wheelchair ramp because you can no longer walk up the steps
In-home care

How Do I Prove the Amount of My Medical Expenses?

At Kantrowitz, Goldhamer, Graifman, Perlmutter & Carballo, P.C., we strongly recommend that you consult with an experienced personal injury lawyer as soon as possible following your accident. In addition, it helps to understand how to document and track all of your medical expenses as they rapidly accumulate.

Some of the injuries incurred in accidents are permanent and life-changing. In cases like these, not only will the medical costs be high while the lawsuit is pending, but those expenses may continue to be high for years or even decades. Cases like that are more likely to yield larger settlements or jury verdicts on behalf of the victim.

What Is the Collateral Source Rule?

New York has also implemented a rule that protects the defendant to a degree. The “Collateral Source Rule” prevents the plaintiff from recovering twice for the same medical expense. For example, your health or disability insurance may cover a portion– possibly a significant part– of your medical expenses on your behalf, so you never pay for those expenses out of pocket. The defendant will trigger the Collateral Source Rule to reduce the amount of damages you recover by the amount that your health insurance company has already paid.

This rule is often applied at a hearing following a jury trial– where the plaintiff has been awarded medical expenses. The defendant will use this hearing to argue that the amount you recover should be reduced by the amount that the collateral source has already covered or will cover in the future.

Contact Us to Schedule Your Free Consultation

At Kantrowitz, Goldhamer, Graifman, Perlmutter & Carballo, P.C., we have been standing up for the rights of injured victims since 1975. Call us today to arrange a zero-cost case review if you have any questions about recovering medical expenses in a lawsuit. We work on a contingency fee basis, which means you will never be charged anything unless you win your case.

Why Trust Us?

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Client Reviews

    
 
 
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   LWelsh 
 16 days ago
 
 
 Trustindex verifies that the original source of the review is Google. Clever and efficient.
  
 
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   Kenny Perlow 
 37 days ago
 
 
 Trustindex verifies that the original source of the review is Google. KGG Law, and Barry Kantrowitz in particular, set the bar high for what a thorough, practical, strategic, compassionate and smart lawyer can be. Everything about Barry's advice and representation was exemplary and the stress mitigation that resulted was invaluable. On top of that, the ultimate result Barry achieved was beyond what was reasonable to expect and we are forever grateful. Often, people say that you hire a lawyer to prevent a problem. Sometimes, unfortunately, you need an attorney to solve a problem and I could not recommend Barry and his firm any more highly in that regard.
  
 
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   Aliza Ali 
 101 days ago
 
 
 Trustindex verifies that the original source of the review is Google. My dad had a great experience with this law firm. From the very beginning, the team was professional, knowledgeable, and always willing to answer our questions. They kept us informed throughout the entire process and made what could have been a very stressful situation much easier to handle. We truly appreciated their dedication, honesty, and hard work. Thanks to their support, my dad felt confident every step of the way. We are very grateful for everything they did and would highly recommend this firm to anyone looking for reliable legal representation.
  
 
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   Jana Montero 
 104 days ago
 
 
 Trustindex verifies that the original source of the review is Google. I had a wonderful experience working with Sam Smith. He was very responsive, thorough, and easy to work with from start to finish. He walked me through everything clearly and made what started as a very stressful situation for me into something completely manageable. I would not hesitate to recommend him and the firm!
  
 
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   Mike Sakmann 
 110 days ago
 
 
 Trustindex verifies that the original source of the review is Google. I sought legal advice regarding an employment matter and had an excellent experience working with Sam Smith, Esq. at KGG Law. Sam was thorough, attentive, and took the time to listen carefully to my concerns before providing clear, thoughtful guidance. I appreciated the professionalism and care shown throughout the process, and I would confidently recommend KGG Law to anyone in need of legal assistance.
  
 
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   Liz Hecker 
 116 days ago
 
 
 Trustindex verifies that the original source of the review is Google. I can't say enough about this firm. They manage to comfort you during the whole legal process while staying professional and doing what is right. I would recommend them to anyone and also hire them again if I need legal help.
  
 
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   Brandy Miller 
 139 days ago
 
 
 Trustindex verifies that the original source of the review is Google. Kate is the best. She helped me very quickly, and was very attentive with all of my needs. So thankful for her
  
 
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   Mike Greenspan 
 152 days ago
 
 
 Trustindex verifies that the original source of the review is Google. Kate Carballo is a dedicated, passionate, and creative attorney whom I had the pleasure to lecture with at a state trial lawyer's conference. Kate's lecture demonstrated how she uses her innovative and "out-of-the-box thinking" to achieve outstanding results for her injured clients. That Kate is certified by the Supreme Court of New Jersey as a civil trial attorney is a testament to her skills, experience and commitment to excellence.
  
 
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   Jonathan Sampson 
 159 days ago
 
 
 Trustindex verifies that the original source of the review is Google. Was referred to KGG law by a friend and could not have asked for better legal representation. They walked me through every step of the process after my accident and began every call with “ how are you feeling” which was just one example of how much they care about their clients. They handled my case very efficiently, professionally and courteously. My attorney Kate Carballo was a rock star! So clearly experienced, she consistently made me feel at ease with the process. Highly recommend
  
 
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   Vinnie Kung 
 162 days ago
 
 
 Trustindex verifies that the original source of the review is Google. We had a great experience with the team at KGG Law. While it was a traumatic time for our family, they made it very easy for us and explained all of our options. They even performed due diligence to make sure that after our settlement, there would be no further issues which I think is even more important than the settlement itself. Thank you!

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Can I Recover My Medical Expenses in a Lawsuit?

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