Disability Law

I Was In A Car Accident: What About All These Medical Bills?

By Jack E. Clay

This past week, my law office settled a case at trial in which our client had very significant medical bills. Medical bills and what to do with them present an interesting topic of discussion.

When somebody is injured in a car, truck or motorcycle accident, they often incur medical bills from various medical providers. I am often asked by clients, as I was today during a consultation, will I be repaid for my co-payments from my health insurance that I had to spend which my health insurance company did not cover? What if I don't have medical insurance to cover these bills? The answer to this is simply that cases are evaluated in Georgia based on the gross or total amount of your medical bills without regard to what might be outstanding after insurance purposes. Thus, it is important for clients to keep all their medical bills and provide them to the insurance company or their attorney when attempting to settle the case or go to trial.

I am also often asked whether or not a client?s medical bills will be paid completely at the conclusion of the case. While I would rather under promise and over deliver, I try to give my clients fairly good idea about likelihood that medical bills will be covered when they come to me and try to answer their questions to the best of my ability. However, it is important that people understand there is no guarantees that can be made by an attorney as to any potential recovery in a personal injury case. Ultimately, a judge or jury can accept or reject the medical bills that somebody believes are related to a car accident or other personal injury.

Medical providers include medical doctors, physical therapists, hospitals, clinics, specialists, chiropractors, and other forms of therapeutic providers. In Georgia, the law says that the gross amount of medical bills are to be submitted in court to a jury or judge at the trial of a case. What this means is that insurance is not relevant under a legal theory called the Collateral Source Rule. When medical bills are presented at the trial of a case, they should be properly redacted to eliminate any reference to insurance so the judge or jury does not see such references.

If you, a friend, or a family member have been injured and have questions about your medical bills or lost wages, please contact Attorney Jack Clay for a free consultation any time. Our office is conveniently located across the street from the Douglas County Courthouse and weekend and evening appointments are available.

Full post as published by Georgia Law Blog on March 01, 2010 (boomark / email).