A bodily injury claim, also referred to as a personal injury claim, is a type of claim that is made after a victim sustains either a physical or psychological injury, or both. Bodily injuries could range from injuries sustained in a car accident, injuries at work, injuries sustained in the course of a crime, injuries caused by faulty goods or services, etc. If you or your loved one sustains a bodily injury, it is important that you hire a competent personal injury lawyer to represent your interest.
The main question here is; are medical bills included in a bodily injury claim? If you are a resident in New York, the answer is YES if a claim is filed 3 years from the date an injury was sustained. Filing a claim after this period means that the injured person is not entitled to claim compensation for medical bills.
Many auto insurance companies include a policy that covers the medical costs that are linked to bodily injury without the consideration of who is at fault. However, this type of coverage only compensates for medical bills you have incurred due to the injuries sustained in an accident up until the time you are making a claim. This means that the insurer is not obligated to compensate an injured person for future medical expenses.
On the other hand, an injured person is entitled to compensation for all medical treatments, both current and future, if the claim is made against the at-fault party. In addition to compensation for medical bills, an injured person can be compensated for future medical care incase the sustained injuries results in the loss of his ability to work or enjoy life.
While most insurance polices will compensate for any medical bills that its clients incurred, the injured person may be required to compensate the insurance company back the entire amount if the person happens to receive compensation for the same from a third party. In such a case, it’s important to involve the insurance company in the process.
Types of Medical Bills included in a Bodily Injury Claim
There are various typical medical costs that are usually included in a bodily injury lawsuit. They include:
• Hospital bills
• Surgery costs
• Laboratory fees
• Rehabilitation or therapy costs
• Prescription medicines costs
• Pain and suffering costs.
If an injured person has to go on with treatment for recurring health problems, the medical bills can be very extensive. This makes it imperative for one to comprehensively document all injuries sustained so that the damages can be accurately calculated for the purposes of seeking fair compensation for future treatments.
How to Prove Medical Expenses
In order for a personal injury attorney to successfully obtain compensation for his client, he must prove that indeed medical expenses were incurred. Comprehensive documentation is necessary to calculate all costs of medical treatment. Various items of evidence should be presented in court, and they include medical treatment receipts, pharmaceutical bills, hospital bills, or any other documents indicating all the medical costs.
How Much Can One Get as Compensation for Medical Bills?
In New York, there is no standard amount of compensation for medical expenses. This is because every bodily injury case is different and an amount for each is determined by the extent of damages suffered and how much care he would need in future. If the injured person had some level of liability in the accident, it can also end up affecting the total amount of compensation he can receive from the other at-fault party. Having a personal injury lawyer to help throughout the process greatly helps as it ensures a smooth process.
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