Compensation For Medical Bills Under Texas Law
After a major accident, the most common---and often the most expensive---loss personal injury victims endure is medical bills. In our continuing series on damages, we'll examine how courts can empower you to sue those responsible for your accident to pay for the care you need.
As always, if you've not checked out our popular Comprehensive Guide to Personal Injury Law, do yourself and your family a favor and click on over.
Questions answered on this page:
- What does the law say about how much compensation I can get for medical bills?
- How do you prove how much compensation you should receive?
- How can an attorney help me get the most compensation possible for my medical bills after an accident?
How Medical Bill Compensation Works Under Texas Law
Under Texas law, any person or company that negligently caused an accident can be compelled to pay the costs associated with victims' recovery both past and future. However, this is not an automatic process whereby all it takes is filing some paperwork or sending a letter. Instead, your attorney must follow these three important steps:
- Prove the person who hurt you is responsible. While the other person's fault may seem incredibly obvious to you, at this point, a court is essentially unconvinced. It's your burden to show that you were wronged. This mean you have to convince the court the defendant caused your injuries by gathering evidence that will stand up in court under the potentially-withering scrutiny of a sharp defense attorney. Further, your attorney will need experience in the arts of persuasion to make your best case possible.
- Prove the accident actually caused your injuries. A common defense strategy is to claim that your medical damage, such as it is, predates the accident. In other words, they'll claim that your back, neck, knee, etc. were already hurt prior to the accident and that the accident didn't really cause your injuries. The job of an experienced attorney is to get all of your medical records possible, hire the best medical experts available, and make a credible argument drawing a straight line from the accident to your injuries.
- Prove the full extent of your injuries. It's up to us to show a court that you weren't just a little "dinged up," but that your injuries are quite real. In order to get the maximum settlement or jury award, we'll need more than just your testimony that you're hurt. We need medical bills and records that detail exactly what happened to your health. We'll also want expert witness testimony that can explain in layman's terms what's technically wrong with your body.
At any of the above three stages, if your attorney fails to prove your injuries were caused by the accident, you could lose your entire case. Make sure you hire a lawyer with the knowledge, know-how, and staff available to get the job done.
How to protect your claim for medical bills.
Whenever we get call from personal injury victims, one of the things they always want to know is what they should do after an accident. Mostly, they're curious about how to act so as to not ruin their case. Without knowing the particulars of your case, we obviously cannot provide tailored advice until you call. However, here are some things to keep in mind:
- Go to the doctor. As simple as it sounds, people will often refuse to go to the hospital or not go to followups. Some victims just try to "tough it out" and make do. For many, the costs associated are too high and they don't have insurance. Our policy is always to refer our clients to medical professionals who will treat them and reserve payment for after the case is over.
- Do what the doctor tells you to do. After accidents, physicians will advise you to follow some pattern for treatment. This could be to go to rehab, take medication, and/or stay out of work for a while. It's extremely important that you follow their advice, not only for your health's sake, but also to avoid the defendant's attorney claiming you failed to "mitigate your damages."
- Keep detailed records. It is important to keep records of medical expenses that were paid and incurred by the injured person(s).
If you follow those simple steps, you'll be well on your way to physical and financial recovery.
Grossman Law Offices Can Help
If you have been injured, you'll need an attorney to fight your claim all the way to court if necessary before the defendant and their insurance company will ever be willing to pay your medical bills. That's why you need to call the experienced personal injury attorneys at Grossman Law Offices, based in Dallas, TX, now at (855) 326-0000 to learn more.
Related Articles for Further Reading:
- Recovering Compensation for Lost Wages After An Injury
- How To Recover Out Of Pocket Expenses After An Injury
- Explaining the Thin Skull Rule In Texas Personal Injury Law
