When a liable party is paying for medical expenses, do they pay the full bill, before my insurance, or the amount after insurance applied? Other than medical bills, what else is considered and would warrant restitution?
-- Lenora
A.
Under Texas law, your question is very complex as the state of the law in that area is unclear. However, in general, our firm seeks damages based on the full medical costs - not the adjusted rate that your health insurance carrier pays. We typically do not have any problem getting the at-fault party's insurance carrier to pay the full amounts.
One important thing, however, is that settlement is completely voluntary. The other party is not "liable" until a judge or jury says he or she is liable. In reality, that's usually fairly clear and the case will settle. But you can't force someone to pay for any damages until a judge or jury determines whether the person is liable and what your damages are.
When you are injured, you are entitled to whatever damages you can prove. These include medical expenses, physical pain, mental anguish, disfigurement, physical impairment, and loss of earning capacity to name a few.
