Docstoc

Are Medical Bills Included in an Injury Claim

Document Sample
Are Medical Bills Included in an Injury Claim Powered By Docstoc
					Automobile accidents occur on a daily basis all throughout the nation.
Further, numerous individuals are killed as a result of the negligence of
another, including automobile accidents, work related injuries, etc. If
the responsible third party does not want to remit payment to the injured
party, you must retain an attorney to pursue your claim. However, it may
come at a surprise to many people that an injured person who employs an
attorney is not allowed to recovery attorney's fees for an injury
claim.According to the Texas Civil Practice & Remedies Code, it doesn't
establish the amount of damages, but merely serves as "sufficient
evidence to support a finding of fact." In order words, the Texas
legislature has enacted a statute of pain vs. incurred with regard to
medical bills. In essence, many insurance defense attorneys argue that a
jury should not be allowed to hear evidence on medical bills that have
been "written off" and/or discharged as such medical bills are not
incurred. However, most judges will allow the injured party to put on
evidence of the entire medical bills incurred and then after a jury
verdict has been rendered, the defense attorney can file a motion with
the court to discount past medical bills as they were not actually
incurred as set forth by the legislature. Medical records and the Billing
records are the evidence in court for your damages.An injured individual
will receive compensation for past and future medical bills, pain and
suffering sustained in the past and future, mental anguish and pain and
suffering. Your cost of the bills will be used as a guide for
compensation related to your injury claim. If you only sustained $600.00
in medical bills, most juries will render verdicts that are commensurate
with sustaining low medical bills. However, if you sustained bills of
$120,000.00, then a jury will usually associate pain and suffering
associated with extended medical treatment and/or a surgery. The cost of
these bills are an element of your recover and also it provides a jury a
starting point at which to determine the appropriate amount for mental
anguish and pain and suffering.In the event you are involved in an
accident, you need to contact a private attorney to talk about your case
and injuries related to your accident. By being aware of the facts of
your case he will let you know how your medical bills will be paid in
more details.

				
DOCUMENT INFO
Shared By:
Categories:
Tags:
Stats:
views:2
posted:2/29/2012
language:
pages:1
mr doen mr doen mr http://bineh.com
About just a nice girl