QUESTION:
On August 9, 2012, I had been a passenger in my friend’s car wherein we were rear-ended. I am 46 years old. The other driver said it was her fault 100%. My friend’s lawyer filed a claim and found out the person only has 15/30. My friend’s car was totaled which they paid for. I have not got a lawyer because I am still seeing an Orthopedic Surgeon and have to get a facet block and then possibly surgery because I can’t stand for long, legs go out on me, pain down legs and my back goes numb after 10 minutes and I have not even been able to work since then. I never had a back problem, my whole life has changed for the worse. Since the other driver only has 15,000 coverage which can’t even pay my bills to date. Am I out of luck? I don’t even know if it’s even worth getting attorney I will just end up with less then the 15,000.
ANSWER:
Various expenses traditionally associated with litigation such as filing and service fees, deposition costs, jury and witness fees, fees for hiring experts, etc.) are essential to effective prosecution of the claim. In many cases, the client cannot afford to pay court costs and expenses as they are incurred. Counsel can agree but is not required to advance expenses on behalf of the client. In such event, of course, the attorney has a right to repayment only if the client prevails in the action by judgment or settlement as specified in the agreement. An attorney willing to accept only contingent repayment of costs advanced on the client’s behalf concededly may have to charge a higher fee than one who requires the client to pay all costs as incurred. Nonetheless, in professional negligence actions against health care providers, the MICRA fee limits effectively restrict what lawyers can pass off as higher fees under the auspices of reimbursable costs.
Claimant is entitled to recover the reasonable value of all medical expenses that have been incurred, and that are reasonably certain to be incurred in the future, as a result of the injury. [Howell v. Hamilton Meats & Provisions, Inc. (2011). To recover for past (already-incurred) medical expenses, claimant must prove the following: the amount of each claimed expense; that each of the charges was reasonable; that each of the services or supplies for which medical expenses are claimed was actually given and was reasonably necessary to diagnose or treat the injuries; and that the condition that necessitated each medical-related expense was a proximate legal result of the injury caused by defendant. Plaintiff is entitled to recover the “reasonable cost” of past medical care necessitated by defendant’s tortious conduct. It would be best to seek personal assistance from a lawyer in order to guide you with your personal injury claim.
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