Medical Costs in Personal Injury Cases: Proving or Challenging Necessity or Reasonableness

Recovering compensation for medical costs in a personal injury claim can be a complicated and challenging legal process. Generally, the plaintiff must show that costs are "reasonable" and "necessary" and a direct result of the injuries caused by the at-fault party. Over the last few years, many states have developed new approaches to this issue. Some of these approaches make it more difficult for plaintiffs to recover, and other approaches make it very difficult, if not impossible, for defendants to challenge the bills.

Just because something was billed for does not automatically mean that an expense or treatment will be considered reasonable or necessary by a court or a jury. Evidence of treatment and its cost is open to various interpretations and is scrutinized by the other parties. Defense counsel often challenge the foundation of medical records and seek to introduce write-offs or adjustments to bills. Recently enacted federal regulations about "reasonable" expenses may impact the analysis.

Listen as this experienced panel guides counsel through proving or challenging the necessity and reasonableness of medical costs in a personal injury case.