Regardless of the type of personal injury, whether it be a car accident, slip and fall, or any other kind of mishap generally attributable to another, medical expenses are normally incurred. Medical expenses can involve payment for immediate treatments, surgery, medication, and even therapy sessions and doctor’s fees.
Regrettably, even if the person involved in the mishap has health insurance, medical expenses in personal injury cases are often not entirely covered; costs have to be shouldered despite being insured. This, precisely, is why the injured party in an accident is determined to claim against whom he believes is the person responsible for the incident.
Medical expenses as special damages
Under the law, medical expenses are classified as special damages, or damages that compensate the claiming party for quantifiable monetary losses suffered by them as a result of the personal injury. Unlike general damages, or those that are not quantifiable, special damages are the actual out-of-pocket expenses and thus can be computed and assigned specific figures.
Apart from medical expenses, special damages also include lost wages and profits, loss of earning capacity, repair or replacement of damaged property, transportation costs, and even attorney’s fees and litigation expenses.
The implication of medical expenses being considered as special damages under the law is that the burden falls on the injured party to specifically prove the amount of medical costs incurred. These expenses cannot just be alleged without adequate proof, otherwise the claim will not prosper. Thus, if you are an injured party who wants to reimburse medical costs against another, you will have to sufficiently prove the expenses incurred through medical bills, receipts, invoices, and similar documentary evidence.
Comparative fault system in Georgia
In claiming medical expenses for personal injury cases under the jurisdiction of Georgia, it must be noted that the state follows the comparative fault system. Basically, this means that an injured party may not recover costs for medical expenses, among others, if his or her negligence was equal to or greater than the negligence chargeable to the person the injured party is claiming against. The same is true if it can be proven that the injury could have been avoided had the claiming party exercised ordinary care but, in fact, did not do so.
This concept is vital in pursuing a medical expenses claim. If you are a claiming party, you have to be certain that the injury was not, in any way, attributable to your actions (or inaction). Contributory negligence must be absent in order to wholly claim against the person responsible for the injury. Should this not be the case, you will not only be disallowed to make the reimbursement, but you might also end up spending more, if in case the defendant makes a counterclaim against you.
Seeking medical expenses through a personal injury lawyer
Engaging the services of a personal injury lawyer is not mandatory, but it definitely is advantageous when seeking medical expenses against a defendant.
First, as mentioned above, the comparative fault system being followed in certain states like Georgia would necessitate a certain degree of legal expertise to ensure that the claiming party gets the money that he or she deserves from a particular unfortunate incident. As this system allows the person allegedly at fault to set up defenses so as to prevent a full claim, it would definitely help if the claiming party were ready for these defenses with the help of an expert.
A personal injury lawyer will not only ready your initial complaint and answers to possible defenses, but he or she will also assist in preparing evidentiary support for your claim. Surely, getting involved in a tort is already stressful as it is, and having your claim denied all because of lack of substantial proof is something you would not want to have to deal with. Hiring a personal injury lawyer, without a doubt, avoids these kinds of unwanted situations.
Ultimately, a personal injury lawyer is one who will protect your rights as an injured party and ensure that you will get the amount you rightfully deserve, especially such amounts concerning your medical disbursements.
So if you are in the Atlanta area and are in need of assistance in seeking reimbursement for medical expenses, Musgrove Trial Firm is here to help. Located in Norcross, Georgia, Musgrove is composed of a team of highly skilled and competent personal injury lawyers, who will be able to assist you in claiming medical costs and guide you through the whole personal injury settlement process.
Our lawyers at Musgrove have had years of experience in giving legal help to personal injury victims. Our legal experts, along with their extensive knowledge of Georgia’s personal injury laws, are what you need in pursuing compensation for medical expenses incurred, among all other damages sustained.
Musgrove Trial Firm is open and ready to represent you. Send us a message on our website or give us a call for immediate assistance.