Summerville Lawyer for Medical Bills After a Car Accident
According to data from the South Carolina Department of Public Health, motor vehicle accidents were the second most common cause of injuries resulting in death in the state. And in a recent year, Dorchester County had 860 hospitalizations caused by car accidents. That’s over 2.3 serious injuries caused by vehicle accidents in and around Summerville per day.
Car accident victims who suffer serious injuries often face significant medical bills. If you were injured in a Summerville car accident and need assistance seeking compensation for your medical bills, contact the car accident medical bills lawyers of Murphy Crantford Meehan for a free consultation.
What Counts as a Medical Bill in a Summerville Car Accident Case?
After a Summerville car accident, victims can seek compensation for their past and future medical expenses. Past medical expenses include the medical bills for treatments you’ve already received, and future medical expenses include the medical bills you expect to receive for treatments you have yet to receive.
You need to know the various types of medical bills for which you can recover compensation when calculating your medical expenses. Some of the most common include:
Emergency Medical Care
You can seek compensation for any medical bills related to emergency medical care after a car accident. This includes stabilization treatments at the accident scene, the ambulance ride to the hospital, and surgeries performed once you read the hospital. If you have to stay in the hospital overnight, these costs are also generally compensable.
Medical Treatments
Not all treatments you receive for car accident injuries count as emergency medical care. For example, after your condition is stable, you may still need to see doctors for follow-up appointments and treatments for weeks or months after the accident. Additionally, you may undergo corrective surgery at a later date, such as to repair tendons damaged in the crash.
You can seek compensation for these medical treatments, but the insurance company you file your claim with may request that you show they are “reasonable and necessary.”
Medical Devices
If you need to use crutches, a wheelchair, or another medical device after a car accident, you can seek compensation for them. Sometimes, you may only need to use medical devices for a short period while recovering. But if your injuries are permanent, you may rely on these medical devices indefinitely.
Prescription Medications
If your treating doctor prescribes medications for your injuries, including for pain management, you can seek compensation for them. The cost of medication can add up, especially if it’s administered to you at a hospital, so keeping track of these bills is crucial for recovering compensation.
Physical Therapy
Many car accident injuries require physical therapy as part of the healing process. If you suffered broken or fractured bones or damage to soft tissue like muscles, ligaments, or tendons, you will likely attend at least a few physical therapy sessions. The good news is that you can also seek compensation for these sessions, so you don’t have to pay out-of-pocket.
Seeking Compensation for Future Medical Bills
If your injuries are long-term or permanent, it’s essential that you work with an experienced South Carolina car accident attorney who can accurately estimate your future medical bills. To do this, attorneys will use:
- Your past medical bills
- Your treating physician’s estimations regarding your recovery period
- The treatments you are expected to have to undergo in the future
Getting this calculation right is important for your future physical and financial health. An incorrect calculation could mean running out of compensation before your recovery is complete.
Options for Recovering Medical Bill Compensation After a Car Accident in South Carolina
Car accident victims looking to recover compensation for their medical bills in South Carolina have four primary options: liability insurance claims, uninsured motorist coverage insurance claims, MedPay insurance claims, and personal injury lawsuits. The circumstances of the accident and the type of auto insurance policy you have will determine which option is best for you:
Fault-Based Liability Insurance Claims
Since South Carolina uses a fault-based auto insurance system, you typically file your claim for medical expense compensation with the at-fault driver’s insurance company. Doing this requires showing that the other driver was at fault for the accident that caused your injuries.
The mandatory minimum liability coverage for South Carolina motorists includes $25,000 per person and $50,000 per accident for bodily injury.
Uninsured Motorist Coverage Insurance Claims
If an uninsured driver strikes you or you are the victim of a hit-and-run, you can seek compensation for your medical bills through an uninsured motorist claim with your own insurance provider. South Carolina mandates drivers have the same minimum amounts of uninsured motorist coverage as liability coverage.
No-Fault MedPay Insurance Claims
Medical payments coverage, also known as MedPay, is an optional type of no-fault auto insurance available to South Carolina drivers. It works similarly to the personal injury protection (PIP) insurance policies offered in no-fault auto insurance states by providing compensation for the medical expenses of drivers and their passengers regardless of who is at fault for the accident.
Personal Injury Lawsuits
The final option is to seek compensation for your medical expenses through a personal injury lawsuit filed against the driver who caused the accident and your injuries. As with fault-based insurance claims, you must show that the other party is responsible for the accident and your injuries using various forms of evidence, such as traffic camera footage, eyewitness statements, expert testimony, and your medical records.
Proving a Medical Treatment Is Reasonable and Necessary
When seeking medical bill compensation after a Summerville, SC, car accident, the insurance company you file your claim with may dispute that the treatment you received or plan to receive is “reasonable or necessary.” This is one method insurance companies use to limit the compensation they pay to victims.
An experienced car accident lawyer can help you prove the reasonableness and necessity of your medical treatments by gathering and presenting the following evidence:
- Your medical records that show the extent and severity of your injuries
- Documented evidence showing the effectiveness of your treatments, such as entries in a pain journal you keep
- The statements of your treating physician about the necessity of the treatment for your recovery
- Testimony from other medical experts on the reasonableness of the treatment proposed for your injury by your treating physician
Contact Murphy Crantford Meehan’s Car Accident Lawyers
If you need help seeking compensation for your medical bills after a car accident, call Murphy Crantford Meehan or contact us online for a free case evaluation with one of our Summerville car accident lawyers. We’ll review your case, explain your options for seeking the compensation you need, and answer your questions about the process.
Frequently Asked Questions
Below, you’ll find some of the most frequently asked questions by those seeking medical expense compensation after a Summerville car accident:
Can I recover medical expenses if I used my health insurance to pay my bills after the car accident?
Yes, you can recover medical expenses if you used your health insurance to pay your bills after a car accident. However, that doesn’t mean you will get to “double dip” and keep the excess compensation. Your health insurance provider will likely seek reimbursement for the compensation it paid you through a process known as subrogation.
What happens if I can’t afford medical treatment while waiting for a settlement?
If you can’t afford your medical treatment while waiting for a settlement in your car accident case, there are a few options you can use to pay your bills:
- You can use your health insurance and have your provider seek reimbursement through your settlement when you receive it.
- You can have the healthcare provider put a medical lien on your settlement so it gets paid first when the settlement comes through.
- You can seek pre-settlement funding, a type of loan that serves as a cash advance, while you await your settlement.
Before choosing how to cover your medical bills while awaiting your settlement, you should speak to your attorney.
Are ambulance and emergency room bills included in medical expenses after a car accident?
Yes, ambulance and emergency room bills are included in medical expenses after a car accident. Any medical bill you receive related to the injuries you sustained in the crash qualifies for your medical expenses. Some insurance providers may dispute the reasonableness and necessity of the services these bills are for. However, an experienced car accident lawyer can help you seek the compensation you need to cover them.
Can I still claim medical expenses if I had a pre-existing condition that was worsened by the car accident?
Yes, you can still claim medical expenses if you have a pre-existing condition that was worsened by a car accident. The eggshell plaintiff rule, also known as the eggshell skull or thin skin rule, is a common law principle that holds an at-fault party liable for the difference between the injured party’s pre- and post-injury condition.
For example, if you had an old knee injury that was worsened by the car accident and now requires surgery, the at-fault party would still be liable for the medical bills associated with the surgery. This is because you would not have needed the surgery if the car accident hadn’t worsened your existing knee injury.
