Can I Recover My Medical Expenses in a Lawsuit?

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.