Bel Air, MD asked in Personal Injury for Maryland

Q: Do personal injury settlements include medical bills my insurance didn't cover?

Related Topics:
3 Lawyer Answers

A: Settlement or judgment against the at-fault driver/insurance company should include 100% of your medical bills, without regard to how much your separate insurance has paid, in addition to your lost wages and pain and suffering. The Collateral Source Rule is applied in Maryland, which holds that a negligent party is not entitled to reduce reimbursement for your medical bills by the amount already paid under your health or other insurance, as they are not to benefit from insurance coverages you separately paid for. Most settlement amounts, however, do not distinguish which portion is for medical bills and which is for other damages, like pain and suffering, disfigurement and permanent impairment. It’s just paid as a lump sum. So long as the amount is negotiated large enough, using the various types of damage claims you are entitled to receive, you should more than cover the portions not covered by your health insurance.

Uzoma Obi and Ronald V. Miller Jr. agree with this answer

Ronald V. Miller Jr.
PREMIUM
Ronald V. Miller Jr. pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
Answered

A: Theoretically, you settlement should cover bill your insurance did not pay AND bills they did pay. Your damages for settlement include the total amount of your medical bills.

Uzoma Obi agrees with this answer

A: Personal injury settlements take into consideration all expenses that were incurred as a result of the accident including but not limited to your medical bills, lost wages, future medical needs, future lost earnings (where applicable), etc. Due to the complex nature of personal injury matters, you should consult with a personal injury (PI) attorney. PI attorneys work on a contingent fee basis and usually do not charge a fee for initial consultation.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.