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How To Get Damages For Personal Injury And Medical Expenses In Los Angeles

Updated: Dec 26, 2022

Preserve And Maximize Your California Personal Injury Claim


Medical treatment can be expensive. The potential for financial disaster, on the other hand, should not deter you from seeking medical treatment. This is especially important when you get injured in an accident caused by someone else's negligence.


In such cases, you should not be responsible for your doctors, surgeries, and medication costs. You are entitled to medical treatment until you fully recover from your injuries.


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What You Can Sue For In California?


In successful Personal Injury Cases, you might be able to recover medical bills like the following:

  • Fees charged by a doctor or a physician

  • Emergency room fees

  • Ambulance fees

  • Diagnostic procedures

  • Surgery

  • Rehabilitation and follow-ups

  • Physical therapy

  • Medical equipment used

  • Medication


When You're Uninsured?

Sometimes, your injuries won't be immediately noticeable. An adrenaline rush may mask some injuries, and you may not feel pain until later. You should seek emergency treatment as soon as possible.


You have the option of depending on your health insurance to cover your injuries in the event of an accident. Furthermore, even if you cannot pay, a healthcare expert is compelled to treat your injuries. The insurance provider will work out a payment plan if you are uninsured or unable to afford insurance.


Your medical providers or medical insurance may put you on a lien, given that you obtain a settlement from the other party's insurance provider. The medical lien must be paid in full before you are sent a check from the insurance firm.


If you receive a settlement, your California personal injury lawyer may be able to negotiate a lesser charge with your healthcare providers.


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The Legal Factors Of Negligence

The victim must prove that another person's negligence caused the collision and injuries. As a result, when a person has a responsibility to act cautiously, as a reasonable person would in the given situation, but fails to do so, they are negligent.

A negligent party is liable to the victim for all losses, including medical expenses incurred due to the negligent act.


Caveat: Comparative Fault


Some states follow a pure comparative fault rule. After an accident, the courts may place blame on both parties. This means that you, as a plaintiff, will owe the defendant damages, too. This is usually just deducted from your damages should you win the case.


Caveat: Contributory Negligence


Comparative fault laws allow an at-fault plaintiff to recover a portion of their losses. In contrast, contributory negligence laws bar a plaintiff from collecting anything if they are in any way to blame.

Most states have eliminated outdated contributory negligence statutes because they are unfair to accident victims.


A victim should speak with a California personal injury lawyer to learn more about their rights to collect payment for medical bills and pursue damages other than medical expenses, such as lost wages, income, ability to work, and pain and suffering.


3 Tips On Getting The Full Medical Expense Compensation

There are ways to maximize your damages. However, your primary focus should be on your health and recovery and not having to stress about your expenses.


Tip #1: Get Medical Assistance ASAP


Even if you think you're okay, some underlying injuries might not immediately apparent. Remember, slight concussions might not have immediate symptoms but could cause a lot of damage in the long run.


Additionally, seeing a medical professional means your injuries will be documented. These medical records can be used as evidence of the severity of your physical injuries. Since some injuries can fade over time, you want to ensure they're all accounted for immediately after the injury.

Tip #2: Negotiating with insurance companies without a California personal injury lawyer is a bad idea

As previously stated, insurance companies have a financial incentive to restrict payouts as much as feasible. Therefore, dealing with them on your own, while shocked or emotional, you might agree to unfair settlements.


A California personal injury lawyer should be able to advise you and will know when an insurance firm is trying to cheat you out on a claim.


personal injury damages california

Tip #3: Gather as much evidence and witnesses as possible.

Challenging an insurance settlement or filing a personal injury claim is best when backed with evidence. Take photos, have your injuries checked and recorded, and retrieve dashcam footage. You should keep original receipts from hospitals, pharmacies, and property repair services.


You should also list the names of eyewitnesses and their phone numbers. An excellent personal injury lawyer in Los Angeles can also do additional investigations.


Tip #4: Expert Witnesses Can Prove The Severity Of Your Injuries

Insurance firms will cheat you out on a settlement claim by downplaying your injuries.

You can have specialists testify for future expenses you may incur due to your accident. Whether it's future medical expenditures or income loss, the expert witnesses could be doctors or accountants.

Future and non-economic costs are more difficult to prove than current costs for which you will have data. As such, your expert witnesses have the reputation for declaring more accurate estimations of your losses.


1000Attorneys.com is an established Lawyer Referral Service that can refer you to a prescreened attorney that's fit to handle your unique case.


We ensure you're matched up with a lawyer with the right expertise, experience, and reputation. Contact us on our 24/7 lawyer referral hotline at 1-661-310-7999 or complete our inquiry submission form for a FREE INITIAL consultation.

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