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What is The Reasonable Value of My Medical Expenses?

Personal Injury Car Accident Attorney Indianapolis

Looking at the map we have set up regarding damages that are recoverable in an Indiana tort law case, the next section is subsection 5 of Indiana Model Jury Instruction 703, which states:

“In deciding the amount of money you award, you may consider: the reasonable value of necessary medical care, treatment, and services plaintiff incurred [and will incur in the future] as a result of the [injury][injuries].”

This can be broken down into two separate issues. The amount spent or billed on medical treatment (the difference will be discussed below) and the reasonable amount of medical expenses that will be incurred in the future.

How can I Show the Reasonable Value of my Treatment?

In Indiana, recent cases have somewhat limited recovery if the insurance companies contest that the cost of treatment you received was reasonable, or if they say that you did not need that treatment for the injuries you received from the car accident. The first case to do this was Stanley v. Walker. In this case, the Indiana Supreme Court ruled that if you have had your medical bills reduced due to your health insurance, a defendant may introduce those reduced numbers as long as they do not mention health insurance. The court further said that the reasonable value of medical treatment is not necessarily the billed amount, or the amount paid after discounts. It could be one or the other, or somewhere in between.

The second case further addressing this issue was Patchett v. Lee. In Patchett, the Indiana Supreme Court extended the ruling in Stanley to payments made by Medicare and Medicaid which reduced hospital bills.

Both of these rulings addressed what is known as the collateral source rule. The collateral source statute in Indiana states in part that:

In a personal injury or wrongful death action, the court shall allow the admission into evidence of:

  1. proof of collateral source payments other than:
    1. insurance benefits that the plaintiff or members of the plaintiff’s family have paid for directly; or
  2. payments made by:
    1. the state or the United States; or
    2. any agency, instrumentality, or subdivision of the state or the United States

These two rulings effectively lessened the amount of money you are able to receive in damages due to the fact that many jurors may see the smaller number and assume that was the reasonable number if that was the amount actually paid.

However, by using medical bills and showing the amount that you were billed, a jury may still award the full amount.

How can I Show the Value of My Future Expenses?

Showing the value of any future medical expenses does require effort. However, by providing medical bills for recurring treatments, the cost of prescription medication that is related to the injuries caused by the accident, as well as some expert testimony, the value of future medical treatments should not be in dispute. The treatments must be reasonably related to the injury or injuries from the accident, but as long as the treatments are related, the cost is factored in and can be requested in the form of damages.

What Should I do if I have Been Involved in a Car Accident?

You should talk to an experienced Indianapolis Personal Injury Lawyer that can help guide you through this complicated process. The Legal Team at Hurst Limontes LLC has years of experience handling serious Personal Injury cases and Car Crash cases. We can walk you through the process. We will answer your questions and most importantly answer the Phone and call you back. We will represent your interests and we will explain this process.

 

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FAQs
Our Fees

It cost $0 up front to hire our office. We work on a contingency fee basis, which means you only pay us if we settle your case or obtain a verdict on your behalf.

If we’re unable to obtain a settlement of verdict for you we eat the costs we’ve advanced to litigate your case, which includes costs for ordering medical records, filing your case, hiring experts, deposing witnesses, and many other things.

If we do settle your case or obtain a verdict for you our standard rate is 33% of the settlement or verdict, plus reimbursement for the expense we’ve previously advanced. Our fee never increases like some personal injury attorneys, even if we have to take your case to trial.

Our Fees

It cost $0 up front to hire our office. We work on a contingency fee basis, which means you only pay us if we settle your case or obtain a verdict on your behalf.

If we’re unable to obtain a settlement of verdict for you we eat the costs we’ve advanced to litigate your case, which includes costs for ordering medical records, filing your case, hiring experts, deposing witnesses, and many other things.

If we do settle your case or obtain a verdict for you our standard rate is 33% of the settlement or verdict, plus reimbursement for the expense we’ve previously advanced. Our fee never increases like some personal injury attorneys, even if we have to take your case to trial.

Case Worth

As a victim, establishing damages, negotiating with the insurance company, or filing a lawsuit can be daunting and next to impossible without the assistance of an experienced lawyer. As a result, if you have been hurt in an accident, it is important that you contact an attorney as soon as possible to help you recover the compensation to which you are entitled under Indiana law.

Why Hire?

Choosing an attorney that has experience dealing with personal injury law is important to protect your legal rights. If you are trying to recover damages from a business or other type of organization, you can bet that they are going to have a legal team on their side.

Medical Bills

If you were injured by an accident you may be struggling to determine who is responsible for paying your medical bills and holding them accountable. Speak to an experienced personal injury lawyer at The Law Office of Hurst Limontes LLC and learn if we may be able to help.

Recovery

After you have been injured, you are entitled to compensation. The type and amount of compensation depends on the injury, bills, the cause of the injury, negligence/bad faith of the defendant, etc. The attorney you retain can also heavy influence your recovery through knowledge, experience, and dedication. Legal terms and phrases can be confusing even after you retain an attorney. If you have been injured, you may wonder how much your case is worth or what your “damages” are. The worse the injuries, the higher the value of the case and the greater need for an experienced attorney