When another party causes you to be injured, you can pursue a personal injury case for damages. Damages are the losses and harm caused by the party’s actions. They include economic damages, which are your financial losses and expenses. Damages also include pain and suffering, which are your non-economic damages.
An often overlooked economic damage is out-of-pocket expenses. Accident victims usually understand they can file claims for lost wages and medical bills. However, the insurance adjuster may not explain out-of-pocket expenses unless the accident specifically asks about these damages.
A Hermosa Beach personal injury lawyer can work with you to document your out-of-pocket expenses to ensure they are included in a demand for settlement.
What Are Out-of-Pocket Expenses in a Hermosa Beach Personal Injury Case?
The best way to describe out-of-pocket expenses is a catchall category for expenses and costs you incur related to your accident and injuries. These expenses do not fall within the other categories, such as medical expenses and loss of income. However, out-of-pocket expenses can total thousands of dollars. Therefore, tracking and documenting out-of-pocket expenses to include in your personal injury claim is important.
What Types of Out-of-Pocket Expenses Can I Include in My Personal Injury Case in Hermosa Beach, CA?
Any expenses or costs related to your accident and injury can be included in this category. However, there are two main types of out-of-pocket expenses most accident victims incur:
Expenses Related to Your Medical Treatment
Injured victims incur medical bills for the treatment of their injuries. Medical costs can include bills from doctors, hospitals, urgent care facilities, therapists, ambulance services, and other healthcare providers.
However, you are likely to incur other expenses related to your medical treatment.
Examples of these expenses include, but are not limited to:
- Travel expenses and mileage to and from medical appointments
- Cost of transportation services, including buses, taxis, rideshare services, etc.
- Parking fees and expenses
- Over-the-counter medications
- Prescription medications
- Medical supplies, such as bandages, alcohol swabs, etc.
- Cost of hotel stays if you require medical treatment out of town and must stay overnight
- Medical equipment, including slings, crutches, bedside toilets, wheelchairs, etc.
You need to keep detailed records of your costs and expenses. Copies of receipts, bills, and invoices are essential to prove you are entitled to reimbursement for these costs and expenses.
Personal Care
The other main category of out-of-pocket expenses includes the costs associated with your personal care.
Examples of costs you might incur after an injury include:
- Personal care to provide assistance with activities of daily living, such as dressing, bathing, feeding, grooming, etc.
- Someone to perform household chores, such as cooking, laundry, and cleaning
- In-home nursing care
- A person to assist with childcare
- Modifications to your home and vehicle if you sustain a disability or impairment
Proving expenses related to personal care may require opinions and evidence from medical specialists to explain why your injuries prevent you from performing specific tasks. You may also need documentation proving you sustained an impairment, and the impairment required a modification to your home for you to continue living there. This may include adding a wheelchair ramp to enter and exit your home.
The above list of out-of-pocket expenses is not complete. It is merely a brief discussion of the types of expenses you could include in a personal injury claim. Your injuries and the facts of your case may require other expenses. Your Hermosa Beach personal injury attorney can provide additional guidance to help you document these damages.
Who Is Responsible for Paying Out-of-Pocket Expenses for a Hermosa Beach Personal Injury Claim?
California applies a fault standard to personal injury claims. The party responsible for causing your injuries is liable for damages caused by their actions. Therefore, if you can prove that the other party’s conduct was a direct and proximate cause of your injuries, that party should be responsible for your out-of-pocket expenses.
However, the at-fault party can raise other defenses in addition to disputing fault for your injuries.
For example, the at-fault party might allege that the expenses do not meet the reasonable and necessary test. In other words, your injuries did not require you to incur the expense, and/or the amount of the expense is unreasonable. Insurance adjusters often argue whether out-of-pocket expenses are reasonable and necessary.
Therefore, keep a detailed list of all out-of-pocket expenses with written proof of the expense, such as receipts and bills. Your attorney can help you obtain medical proof that the expense was directly related to your injuries.
Another common argument by insurance companies is comparative fault. According to California’s comparative negligence standard, your compensation for damages can be reduced if you are partially at fault for causing your injuries. Therefore, if you were 25% to blame for causing a car crash, your damages, including out-of-pocket expenses, are reduced by that amount.
A Hermosa Beach Personal Injury Lawyer Can Help You Pursue Out-of-Pocket Expenses
Experienced Hermosa Beach personal injury attorneys at The Simon Law Group understand out-of-pocket expenses and how to value these damages correctly. They also understand the tactics insurance companies and defense lawyers use to undervalue damages. You can learn more about your personal injury case by scheduling a free consultation at (424) 722-3209 with a personal injury lawyer in Hermosa Beach, CA.
