Proving Medical Expenses in Car Accident Cases
As a ‘no-fault’ state, Florida does not require a showing that someone else was liable for your car accident if you are seeking benefits from an insurance policy. However, to hold another person or entity liable, you must show they were negligent in causing the collision and your injuries. Regardless of who you are seeking compensation from, a car accident victim must still justify the medical expenses they are claiming in the aftermath of a collision. Miami car accident attorney Robert Dixon of the Law Offices of Robert Dixon assists these victims in making sure they have the proof they need to seek compensation for medical expenses they have already paid for, as well as those anticipated to be needed in the future. Our firm represents clients throughout South Florida, including Broward, Miami-Dade, and Palm Beach Counties with personal injury and wrongful death claims arising out of serious motor vehicle accidents. If you have questions regarding your legal rights and options, please contact our office to find out more and set up a free, no obligation consultation to speak with an attorney today.Proving Medical Expenses in Car Accident Cases
Serious and permanent injuries such as paralysis, traumatic brain injury, and others can result from a car accident. Insurance companies and negligent parties can be held responsible for reimbursing victims for medical expenses incurred, as well as future medical costs that may be necessary for ongoing treatment arising from such injuries. In personal injury cases, the victim, or plaintiff, has the burden to prove that medical expenses were “reasonable and necessary.”
Many Florida jurisdictions will consider medical bills alone as sufficient proof of reasonableness, with the argument that doctors do not charge more than what reason dictates in their field. However, some jurisdictions have ruled that a patient is obligated not to just pay whatever a medical provider demands, but rather, only what is reasonable. Because of this discrepancy, it is often necessary to provide testimony of a medical expert witness, in addition to submitting bills, in order to establish what is reasonable under the circumstances. Consulting a seasoned injury lawyer as soon as possible is important in helping you to assemble all of the necessary evidence when seeking to prove medical expenses in your car accident case.
Under Florida law, a victim’s own no-fault personal injury protection (PIP) benefits will cover eighty percent of his or her medical bills. However, in order to receive additional compensation in a personal injury claim, and for pain and suffering, it must be shown that the injuries sustained in a car accident were ‘permanent.’ Under Florida Statutes section 627.737, a victim may file suit against a party at fault for an accident if it can be shown that the victim has suffered either significant and permeant loss of an important bodily function; permanent injury within a reasonable degree of medical probability; scarring or disfigurement; or death. In these situations, damages such as loss of income, diminished earning capacity, and pain and suffering may also be awarded. Following a serious car accident, it is important to not only retain your medical bills, but also try to keep track of your symptoms that are ongoing. Witness testimony from the scene of the collision may also be important in proving that the medical expenses in your car accident case were reasonable and necessary.Car Accident Attorneys Serving Miami Area Residents
Medical expenses for serious and permanent injuries sustained in a car accident can pile up quickly. Making sure victims have the evidence they need to recover compensation from those responsible is of utmost importance to injury lawyer Robert Dixon. From initial investigation, to insurance dealings, to trial, Mr. Dixon and his staff are dedicated to making sure clients pursue the financial resources they need to fully heal. If you’ve been injured, or have lost a loved one in a devastating car accident, please contact the Law Offices of Robert Dixon today at 877.499.4878 or online to schedule a free, no obligation consultation to learn more about how we can help. We represent clients in areas including Fort Lauderdale, West Palm Beach, and Miami.