Medical Bills Accident Attorney in Plano
Since 1997, attorney Doug Goyen has represented Plano residents in personal injury cases involving automobile accidents. When Plano residents require the services of a medical bills accident attorney, the Law Office of Doug Goyen assists them in obtaining the compensation they are entitled to. If you are looking for a medical bills accident attorney in Plano, we can help. For our clients, the Law Office of Doug Goyen provides experienced, aggressive, and powerful representation. Our outcomes are proven. We obtain compensation for our client’s injury claims.
Following an accident or injury, you may require medical treatment to recover or save your life. Medication, surgery, adaptive medical devices, physical therapy, and a variety of other treatment methods may be used. Unfortunately, medical care is not provided for free. Even if you have health insurance, you will incur expenses.
You should not be held liable for any of these costs if you are injured as a result of someone else’s negligence. In fact, the person who caused your accident should pay for all of your medical bills.
Our attorneys at the Law Office of Doug Goyen have assisted clients in Plano and throughout Texas, in obtaining the funds they require to cover their medical bills and other losses following an accident. Call or email us today to find out how we can assist you.How to Get Your Medical Bills Paid After an Auto Accident
You can obtain medical expense compensation by negotiating a settlement or proving your case in court.
The insurance company of the person who injured you must pay for your damages in the vast majority of cases. This usually entails negotiating with the insurance company in order to reach a settlement. When you settle, you relinquish your right to file a future claim. As a result, you must ensure that you are fully compensated for all medical expenses.
To maximize your compensation for medical expenses, you must provide medical records as well as bills demonstrating the amount of money paid out. You will also require expert testimony regarding the anticipated bills and costs that you will be required to pay in the future.
When negotiating a settlement, keep in mind that your health insurance company may be entitled to a portion of the money you receive. If your insurance company pays for your medical bills, the company may place a lien on your settlement or have a “subrogation clause” in your insurance contract. This essentially means that when you receive your accident money in the form of a verdict or settlement, your health insurer may try to recover the money you paid for your medical bills.
An experienced injury attorney can work with your health insurer and the insurance company of the person who caused your accident to ensure that your health insurer is reimbursed and that you receive a full and fair settlement when all money is paid out.Texas Law Regarding Medical Bills Resulting From Accidents
The following is a description of the laws governing medical bills in a personal injury case in Texas, such as an automobile accident case, as well as the laws governing the introduction and use of those bills in a personal injury case related to an accident or other personal injury case.
- Past Medical Expenses: In order to recover in court for past medical expenses, a person must show the amount of the expense, the necessity of the treatment, and the reasonableness of the expense. This can be demonstrated by presenting the actual bill, having the plaintiff testify as to the amount, and having a representative from the medical facility testify that this was their charge and that it was reasonable. In some cases, the medical facility must also produce a doctor to testify that the treatment was required for the injury. Blankenship v. Mirick, 984 S.W.2d 771 (Tex. App.–Waco 1999, petition denied).
Future Medical Expenses: Texas applies a “reasonable medical probability” rule to future medical expenses. This is something that will have to be decided by a jury. Although “precise” evidence is not required, courts prefer “medical testimony” to demonstrate future medical expenses. Tijerina v. Whole Foods Market Southwest, L.P., 979 S.W.2d 768 (Tex.App.–Houston [14th Dist.] 1998, pet. denied).
Courts and juries may award future medical expenses based on the nature of the injuries, the medical care provided prior to the trial, and the injured person’s condition at the time of trial.
If evidence of future medical expenses is presented and a jury awards money for that amount, the jury verdict must be upheld. Tex. Beverly Entm’t v. Leath, 829 S.W.2d 382 (Tex.App–Waco 1992, no writ). This means you don’t have any “magic words” to use in court to prove your future medical expenses. If a jury awards money for this type of damage, the courts will infer the “reasonable medical probability” language into the evidence as long as the evidence indicates that there will (or will most likely be) future medical expenses.
Medical Bills for Minors: Because parents are liable (responsible) for their minor child’s medical expenses, the parent is the one who collects.
When a minor reaches the age of 18, they become an adult and are eligible for medical expense reimbursement. Moore v. Molina, 33 S.W.3d 323 (Tex.App.–Amarillo 2000, no pet.
The recovery may need to be staged, as the parents may need to recover for medical bills incurred while the minor was under the age of 18, and the minor (now an adult) may need to recover for medical bills incurred after he turned 18. If a parent is negligent or partially negligent (contributory or comparative negligence), only the parent’s portion of the recovery is affected (not the minor’s). Roth v. Law, 579 S.W.2d 949 (Tex.Civ.App.–Corpus Christi 1979, writ ref’d n.r.e).
If the minor, on the other hand, is contributory or comparatively negligent, both the minor and the parent’s recovery will be hampered. Dartez v. Gadbois, 541 S.W.2d 502 (Tex.Civ.App.–Houston [1st Dist.] 1976, no writ).
Expenses for Transportation: If you incur transportation costs while seeking medical treatment, Texas law allows you to recover those costs. Plainview Coca-Cola Bottling Co. v. White, 545 S.W.2d 279 (Tex.Civ.App.–Waco 1977, no writ).
When Caring for a Catastrophic Injury, Nursing Services Are Required: When a person suffers a catastrophic injury, they are frequently released from the hospital, and a family member must spend countless hours caring for and tending to the injured person’s needs. Despite the fact that the family member is not officially a “nurse,” the at-fault party may still be held liable for the “reasonable value” of the nursing services provided. Even if the services are provided free of charge (no bill is generated), recovery may be possible. The services must be distinct from those normally provided by a spouse or family member (in other words, cooking and cleaning in the house that you normally did anyway is not recoverable). To demonstrate the “reasonable value” of the nursing service, you must obtain the testimony of a qualified nurse or nursing home administrator. Polk v. Transp. Ins. Co., 400 S.W.2d 881 (Tex. 1966).
In Texas courts, the right of family members of catastrophically injured people to future medical care has been upheld. The court upheld a $1.3 million award for future medical expenses based on 24-hour care provided by family members in Baptist Mem’l Hosp. Sys. v. Smith, 822 S.W.2d 67 (Tex.App.–San Antonio 1991, writ denied).We Can Assits You in Searching for Medical Expenses
Personal injury damages after an accident should always cover all medical costs, whether you settle out of court or go to trial. However, it is critical that you retain the services of an experienced attorney to protect your rights and ensure that you receive the compensation you deserve.
The Law Office of Doug Goyen has a proven track record of obtaining favorable settlements and verdicts for clients in a variety of cases. In fact, we have recovered millions of dollars in settlements on behalf of Plano and Texas clients. Our case history ranges from cases involving a few thousand dollars in medical expenses to cases involving millions of dollars in medical costs. Every case is significant to us.
If you have been injured through no fault of your own, please contact us immediately by calling our toll-free number or completing our online form. We can offer you a no-cost, no-obligation consultation.
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