Is My Case Stronger if I Have Higher Medical Bills and More Treatment?
Do Higher Medical Bills and More Treatment Make My Case Stronger?
If you’ve been injured in California and want to know how medical bills can impact your claim, read on.
When you’ve been injured in an accident, it’s natural to seek compensation for your losses. Strong personal injury claims show clear fault or negligence and evidence of bodily and financial harm. Insurance companies, lawyers, and courts then use medical expenses as evidence to calculate your settlement. The damages you receive pay for your bills and compensate for your pain and suffering.
Your medical records document the type and extent of your injuries. They also list the treatments prescribed to heal them. Doctors will also make notes about expected long-term effects and the need for future care.
When medical evidence shows that serious injuries are disrupting your life, it’s easier to measure their impact. Usually, severe injuries that require intensive or long-term medical care command higher settlements. The total cost of your past, current, and future medical care can influence the strength and outcome of your case.
Medical Bills Prove Injury Severity
Medical costs can be objective evidence of a severe injury. Long hospital stays and intensive treatments like surgery tend to be expensive. Large medical bills usually reflect severe harm and trauma that has lasting impacts on a patient’s quality of life.
These types of medical bills that can impact your case value:
Emergency Treatments
If you visit an emergency room after an accident, you signal that you need urgent care. Large bills for emergency treatments indicate severe trauma and establish its connection to the accident.
Specialist Treatments
In settlement negotiations, bills from medical specialists have high value. If you visit specialist doctors, like orthopaedic surgeons or neurologists, you probably have complex injuries that need expert attention. The bills show that you suffered significant harm requiring advanced treatment.
Surgical Treatments
Surgery for a catastrophic injury is usually the most expensive type of medical care. Bills for surgery can show that you endured trauma that needed significant intervention.
Imaging and Diagnostic Tests
Diagnostic tests like CT scans, MRIs, and other specialized imaging provide objective evidence of harm. These results of these tests can support your subjective complaints of pain or malaise. High bills for these scans show you needed sophisticated testing to get definitive medical proof of your injuries.
Prescription Medication Costs
Continuing expenses for prescription medications show that your condition requires long-term management. Specialized and costly medications can also indicate severe injuries. A series of bills for pain medication can prove you deserve to be highly compensated for ongoing suffering.
Physical Therapy
Physical therapy bills can show that you need extensive rehabilitation to restore your health after an injury. The cost and duration of therapy sessions correlate to your degree of impairment.
Non-Traditional Treatments
If a medical doctor prescribes a non-traditional treatment like acupuncture for pain relief and healing, insurance will typically reimburse the costs. Unfortunately, non-traditional medical care may not contribute much value toward pain and suffering claims because they are considered less scientifically viable.
Factors That Affect Your Settlement Value
“Damages” is a word for the compensation an injured person receives for accident-related losses. When insurance adjusters calculate a settlement proposal, “medical special damages,” or “medical specials,” are accident-related medical bills that are part of the total compensation.
The formula insurance companies use to assess medical losses typically includes:
- the total amount of all accident-related medical costs
- the kinds of medical care a claimant receives
- the types of medical providers who administer treatment, and
- the duration and intensity of care
When the insurance company assesses your claim, the details matter. Insurance companies consider some medical services to be more necessary and important than others. Since the adjusters use your medical bills to estimate your pain and suffering, the value of those bills will affect your settlement.
How the Multiplier Method Affects Your Compensation
To evaluate pain and suffering, insurance companies, courts, and attorneys use a formula called the multiplier method. Here’s how it works:
Calculating Economic Damages
First, the evaluator will calculate all documented and measurable financial losses, including past, current, and projected medical expenses, lost wages, and property damage. This figure represents your total economic damages.
Assigning the Multiplier
Next, the evaluator will consider the type, duration, and extent of medical care you received to assess the severity of your injuries. Once they finish their appraisal, they will apply a multiplier to your total economic damages. This number usually ranges between 1.5 and 5. High numbers indicate your injuries have a greater severity and impact on your life.
Calculating Total Damages
Now, the evaluator must calculate compensation for non-economic damages like pain and suffering, emotional distress, and loss of enjoyment of life. To find the total, they will multiply your total economic damages by their chosen factor using this formula:
$$ \text{Total Settlement} = (\text{Economic Damages} \times \text{Multiplier}) + (\text{Economic Damages}) $$For instance, suppose your accident-related medical, wage, and property losses total $50,000. If an insurance adjuster assigns a multiplier of 4 to your case because they determine your injuries were severe, you will receive:
$$ $250,000 = ($50,000 \times 4) + ($50,000) $$Evaluators consider catastrophic injuries, permanent disability, or severe scarring or disfigurement severe enough to warrant a high multiplier. Long recovery periods and intensive medical care generally increase the multiplier, especially when the injury affects your ability to work, sleep, or participate in leisure activities.
Why Total Compensation Usually Exceeds Economic Losses
When an accident victim is seriously injured, their total losses usually exceed the cost of their bills. Medical expenses give evaluators a dollar amount they can use as a baseline for compensation, but they cannot account for persistent chronic pain, emotional damage, or loss of physical ability. Generally speaking, the longer and more severe the loss, the higher a non-economic reward will be.
Here’s a closer look at some factors that determine total compensation:
Injury Diagnosis vs. Treatment
When an insurance adjuster calculates a personal injury settlement, they will consider all medical costs related to diagnosing and treating a patient’s accident-related injuries. Typically, for a claim to be strong, a diagnosis must reflect the severity and complexity of the injury and support its level of treatment. Medical special damages that include a quick, inexpensive diagnosis that results in expensive long-term treatment will usually be assigned a high multiplier. If the diagnostic process involves several examinations and tests, but the treatment is limited and inexpensive, the adjuster might use a lower multiplier for the total.
Traditional vs. Alternative Medical Treatments
The insurance industry values mainstream medical treatment that traditional hospitals, clinics, and doctors provide more highly than alternative treatments like physical therapy, acupuncture, and chiropractic adjustments.
Insurance adjusters will usually accept medical bills that come from conventional, licensed medical facilities and practitioners, even if they are very high. They typically award these bills a high multiplier because of their perceived legitimacy. Surgical costs, in particular, frequently translate into substantial awards because they signal that an injury is serious and traumatic.
If you substitute non-traditional treatments for traditional, M.D.-administered medical care, your settlement value may decrease, even if the treatments are widely accepted. Although treatments non-physicians provide may be just as effective as physician-administered treatments, their results may not be scientifically verifiable. Therefore, insurance adjusters tend to award these expenses with lower multipliers when they calculate damages.
For instance, it’s common to receive physical therapy after an accident, but insurance adjusters may consider this treatment to be less valuable than specialist treatment from an M.D. If your medical records show that your doctor prescribed physical therapy and monitored your progress, your case will be stronger. If you use physical therapy as an elective treatment, your insurance adjuster may use a lower multiplier when considering its value.
Immediacy of Treatment
After an accident, the law requires claimants to mitigate any damages their injuries caused. Seeking treatment immediately directly links your injuries to the accident and indicates that you believe you were harmed. If you delay care, your insurance company could argue that you were negligent or that your injuries were minor, incidental, pre-existing, or exaggerated.
Duration of Treatment
Usually, long-term medical care correlates to an extended period of healing that includes high levels of pain and suffering. Patients who receive treatment for months or years on end can usually assert that their injury is serious. This is especially true if they expect to have additional medical expenses in the future. High medical bills typically justify large medical cost projections and can substantially increase your settlement.
Consistency of Treatment
Continuous medical billing records prove you received regular medical care over extended periods without unexplained lapses in care. These medical statements show an ongoing need to address a severe injury. Insurance adjusters frequently use treatment gaps to diminish the significance of harm, so trying to save money by putting off or missing treatments can negatively affect your settlement.
Necessity of Treatment
The flip side of skipping medical care after an injury is pursuing excessive or unnecessary treatment. Insurance adjusters will penalize you if they believe you are using medical care to artificially inflate your damages. If you adhere to a doctor’s recommendations for treating a documented medical condition, you should be safe.
Cost of Treatment
If you invest in expensive medical care, you probably believe that your injuries are serious enough to justify the cost. Pursuing comprehensive treatment and follow-up care indicates that your claims accurately represent your suffering.
How to Strengthen Your Personal Injury Claim
After an accident, the actions you take can impact the strength of your case. Seeking prompt medical attention is the best way to create a record that connects your injuries to the event. You should also speak to a personal injury attorney or car accident lawyer before you provide an insurance agent with any details about the situation. A competent lawyer can look over available evidence and help you understand your rights and your claim.
To build a compelling case for non-economic damages, you need to:
- Get immediate medical attention.
- Keep detailed records of every diagnosis, treatment, and medication you receive.
- Save hospital discharge papers, insurance statements, and medical receipts.
- Track all accident-related medical expenses.
- Comply with all treatment recommendations.
- Attend timely follow-up appointments.
- Keep a pain journal.
- Ask your doctor to forecast future medical expenses in writing.
Documenting Your Medical Treatment
Gathering medical documents that relate to your treatment and recovery will provide clear evidence for your personal injury case. This evidence will help your attorney show how your accident caused your injuries and losses. Bills for ambulance rides, emergency room visits, and hospital stays are examples of proof of economic damages. Medications; assistive devices like wheelchairs, crutches, prosthetics, and braces; and bills for in-home help can also be evidence of harm that can influence your settlement.
How to Avoid Weakening Your Personal Injury Claim
There are circumstances that can make it difficult to claim damages in a personal injury case, even when the harm is significant. Waiting to seek medical care or accepting minimal treatment can weaken your case. You will also need to identify an at-fault party as a target for your claim or lawsuit.
Common mistakes that can damage the legitimacy or lower the value of your claim include:
- Giving recorded statements to insurance adjusters without a lawyer present.
- Delaying medical care.
- Failing to continue with follow-up care. Gaps in treatment can undermine your claim.
- Posting about your injurues on social media about your injury.
- Accepting a settlement offer without legal review.
Other Factors That Can Impact Your Personal Injury Settlement
Depending on the nature of your accident, there are several factors beyond medical expenses that can influence the final value of your settlement. These include:
Liability
Liability determines who is responsible for an accident and the injuries that follow. In California, your settlement award will be proportional to the liable party’s fault. In other words, if the other party was mostly responsible for your injuries, you will get a higher settlement.
Police Reports and Witness Statements
Insurance companies may try to minimize settlements by questioning fault or the severity of your injuries. Police reports and witness statements include facts and observations from the scene that can help your lawyer counter these attacks. This objective information can help establish liability and bolster your case.
Lost Wages
If accident-related injuries cause you to lose work, you’re legally entitled to compensation for past and future lost earnings. Your lawyer can factor this income and losses from long-term disabilities into the settlement amount.
Statute of Limitations
California generally requires accident victims to submit any personal injury claims or lawsuits within two years after the incident occurred. If you don’t file on time, you may lose your right to compensation.
Punitive Damages
When a defendant’s actions are malicious or egregious, courts may award punitive, or punishing damages that contribute to the total settlement.
How Silverthorne Attorneys Can Help Protect Your Case Value
Personal injury law is meant to make you “whole” after you suffer serious harm in an accident. For victims who are unfamiliar with the legal system, it can be hard to estimate how much their claim could be worth. Cases can be difficult and complex to navigate, and settlements aren’t universal. Insurance adjusters, attorneys, judges, and juries look at several factors as they negotiate fair compensation. Understanding how your medical expenses can impact your case can help you reject lowball offers and shape reasonable expectations of your case value.
When you want to ensure that your medical records will support your personal injury claim, an experienced personal injury attorney can help. An attorney can review your case, advocate for your rights, help you understand your options, and negotiate a fair settlement. The personal injury and car accident lawyers are here to support you.
Sources:
https://www.langdonemison.com/blog/how-to-know-you-have-a-strong-personal-injury-claim/
https://www.denomillikan.com/articles/13-reasons-medical-bills-impact-your-case-value
https://careyandleisure.com/what-is-my-personal-injury-case-worth/
https://www.macraewhitley.com/why-your-injury-settlement-includes-more-than-just-medical-bills/