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Justifying Expensive Medical Damages In An Auto Accident Claim

8 June 2023

Tracy Roberts

Expensive or above-average medical damages might complicate your auto accident claim. The defendant might argue that you have inflated your damages. The pressure is on you to prove and justify the high damages. Below are some things you can use for the justification.

Catastrophic Injuries

Catastrophic injuries cost a lot of money to treat. Prove that you suffered catastrophic injuries in the accident to justify your cost of treatment. Examples of catastrophic injuries include skull, spinal, and brain injuries. Such injuries are common with:

• High-speed collisions
• Collisions between large trucks and small cars
• Collisions between vehicles and bicycles, motorcycles, or pedestrians

You have an even stronger claim if your catastrophic injury is visible or affects the hard tissues instead internal or soft-tissue injuries.

Permanent Injuries

Permanent injuries attract expensive treatment for two main reasons. First, many people undergo extensive and prolonged treatment before medical professionals realize their injuries are permanent. Secondly, some permanent injuries attract ongoing or even lifelong treatment.

For example, traumatic brain injury may require ongoing medication and therapy. The treatment can add up to considerable money, depending on your expected lifespan or treatment duration.

Expensive Procedures

Some treatment procedures are automatically expensive and increase treatment costs. For example, you might need expensive treatments if:

• Your injury requires brain, heart, or spinal surgery
• You require treatment for multiple fractures
• You require an amputation
• You require treatment for sensitive body organs, such as your eyes

Such procedures also require specialists, such as brain surgeons, who charge higher fees than general practitioners. Prove such injuries and treatments to justify your medical damages.  

Pre-Existing Vulnerabilities

Some people have pre-existing conditions that make them likely to suffer extensive injuries, even in relatively minor crashes. For example, accident victims with weak or brittle bones are more likely to suffer fractures than others. Similarly, someone recovering from an accident might suffer extensive injuries if they get into another accident before healing.

Use the eggshell skull rule to justify your demand for the expensive medical damages. The rule entitles you to compensation for aggravated injuries if you have pre-existing injuries. The defendant shouldn't argue that the accident was minor and shouldn't have suffered injuries that require expensive treatments.

Hopefully, you will get the full compensation you deserve, even if it's millions of dollars. Consult an auto accident lawyer to help prove your damages and get your compensation check. Remember that you can only get compensation for damages you prove. Reach out to a motor vehicle accident lawyer near you to learn more.

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