Injured? You’ll Have to Prove Medical Costs Beyond Just Bills

Tuesday, December 6, 2016

Injured? You’ll Have to Prove Medical Costs Beyond Just Bills

Written by Malman Law, reviewed by Steve J. Malman.

Attorneys Helping Injury Victims Get Compensated for Medical Costs in Chicago

After an injury, you assume that the responsible party will cover the costs of your medical treatments and cures. However, you would be surprised at how difficult it can be to get the other side to pay out – even for legitimate medical expenses.

Saving receipts and medical statements is important, especially if you plan to file a personal injury lawsuit against a negligent party. Keep in mind that even with all of the documentation necessary, adjusters will scrutinize every line item and bill to find a way to lessen your compensation. This is why you need to hire a personal injury attorney before filing your claim. An attorney will ensure that you have all of the necessary documentation, but will also work with the insurer to make sure that you receive compensation for your valid medical expenses.

Not All Expenses Are Reimbursed

For a medical expense to be reimbursed, it must meet specific criteria:

  • It must be a cost associated with the accident.
  • It must be medically necessary.
  • It must not be an alternative, costlier treatment that wasn’t approved by your treating physician.
  • It must be prescribed by your treating physician and not a second unrelated physician.
  • The cost must be in line with the amount you’re claiming.

In order to meet these requirements, you will need to substantiate your claims. You can do so by having a physician sign a document stating that all medical treatments or cures prescribed by him or her were required in order to treat your injury. They must also document how the injury occurred (e.g., car accident, slip and fall, etc.) and that the treatment was specifically for that injury. If you do not have substantiation toward your medical costs, you may not receive compensation for them.

The Defense Will Look for Every Way to Lessen Compensation

Even if you have substantiating proof that the medical costs are valid, the adjuster and defense team will work hard to disprove your injuries. A claim may be contested if:

  • The injury was over-treated.
  • The injury appears to be fabricated.
  • The billed amount was less than the compensation you seek.
  • The plaintiff did not receive a claimed item.
  • The treatment was not reasonable for the condition.
  • The treatment was a consultation, not actual care.
  • The defendant is able to establish that the plaintiff’s treatments were unnecessary.
  • The plaintiff failed to show that the defendant’s negligence caused the injuries they received treatments for.

Speak with a Personal Injury Attorney Before Filing Your Claim

If you have been seriously injured and have noticed the medical costs are piling up, do not wait. Instead, contact a personal injury attorney as soon as possible. The more evidence you have collected, the easier it will be to prove that your medical expenses are legitimate.

The accident team at Malman Law can assist you with your claim. We will help you gather necessary documentation and even enlist the help of experts (if necessary) to prove your medical expenses.

Get started by scheduling a consultation with one of our attorneys or request more information online.

Steve Malman

Malman Law’s founder Attorney Steven Malman has over 30 years of experience handling personal injury, nursing home, medical malpractice, truck accidents, car accidents, premises liability, construction, and workers’ compensation cases in Chicago, IL.

Years of experience: +30 years
Justia Profile: Steve Malman
Illinois Registration Status: Active and authorized to practice law—Last Registered Year: 2024

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