When Can I Claim Out Of Pocket Medical Costs In My Lawsuit?

Friday, August 19, 2016

When Can I Claim Out Of Pocket Medical Costs In My Lawsuit?

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

You pay your monthly premium for health insurance; therefore, it seems safe to assume that you will be protected from medical costs after an accident. Sadly, it is not until long after an accident that most victims realize how hurt they are – and it takes even longer for the medical bills to start piling up. Some of these costs are nearly impossible for accident victims to recover, especially if the injuries sustained included surgical procedures.

The situation is only becoming bleaker with medical expenses continuing to rise across the country. A study conducted by the University of Michigan found that out-of-pocket medical expenses in regard to hospital treatments has risen 37 percent between 2009 and 2013. The average patient was estimated to pay more than $1,000 for his or her own hospitalization and treatment; this didn’t include the costs associated with follow-up care, medication, physical or rehabilitative therapies, and other associated costs.

What About Health Insurance Coverage?

Health insurance can vary depending on your plan and carrier. Because they vary so significantly, it is hard to understand how your plan will work if you are injured. Most plans have an out-of-pocket deductible, as well as a maximum amount that the patient is liable for in the event that he or she is hospitalized – and this maximum out-of-pocket is often in the thousands.

If you have been injured, you may turn to health insurance coverage to help shoulder the burden. But, health insurance will not take on all of the liability. You will still have out-of-pocket expenses, and health insurance will stake a claim on any personal injury lawsuits you file in regard to your accident – because they will want to be reimbursed for any costs they covered as a result of that accident.

Receiving Compensation: You Need to File a Car Accident Lawsuit

Following a motor vehicle accident, you may not realize just how injured you are or how much of a financial burden that accident will have on you and your loved ones. It could take several weeks (or even months) before the costs start adding up. That is why it is important you speak with a personal injury attorney right away. An attorney can assess not only the costs that you have already paid, but future medical expenses. With an attorney calculating the costs, you can rest assured that your car accident claim will request compensation for all of those out-of-pocket expenses – including what insurance will want to be reimbursed for.

Speak with a Car Accident Attorney First

If you have been seriously injured in a car accident in Chicago, you need to contact an attorney right away. The team at Malman Law can help decide if a personal injury lawsuit is right for you – and ensure that all medical costs (including your out-of-pocket expenses) are recovered. You didn’t cause the accident; therefore, why should you shoulder the financial burden of recovery? Schedule a consultation today with Malman Law by calling our offices, or fill out our online contact form with your legal questions.

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

What’s your case worth? Submit for a free case review


This page has been written, edited, and reviewed by a team of legal writers following our comprehensive editorial guidelines. This page was approved by President and Founder, Steven J. Malman who has more than 20 years of legal experience as a personal injury attorney.

Related Blog Posts

view all news