Bel Air, MD asked in Personal Injury for Maryland

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

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3 Lawyer Answers
Mark Oakley
Mark Oakley
Answered
  • Rockville, MD
  • Licensed in Maryland

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.

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

Ronald V. Miller Jr.
Ronald V. Miller Jr.
PREMIUM
Answered
  • Baltimore, MD
  • Licensed in Maryland

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

Uzoma Obi
Uzoma Obi
Answered
  • Hyattsville, MD
  • Licensed in Maryland

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.

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