Tom McCutcheon – Attorney at Law
When people are involved in an automobile accident, they often want the other party’s insurance company to pay their medical bills as they go along. That’s simply not the way it works.
Another often asked question is will my future medical bills that result from an automobile accident be covered? The answer to that question is that if a doctor testifies that you will need future medical treatment and the amount that it will cost, a jury can award an amount for future medicals. Nonetheless, the other parties’ auto insurance company will not pay your medical bills until a settlement has been reached or a jury decides the issue.
When people are concerned about future medical costs they are often concerned about a possible future surgery or other treatment. The treatment has to be necessary and reasonably certain to occur and the costs must be addressed by a physician. Without that testimony a jury cannot consider whether or not to award future medicals. Remember that automobile cases result in a settlement that is a one-time deal. You only get one chance with a jury.
On-the-job injuries are quite different. By statute the employer is responsible for medical bills and 2/3 of your average weekly wage while you recover. The employer is responsible for future medical bills that directly relate to the on-the-job injury. On-the-job injuries are capped by a schedule of injuries that addresses the loss of fingers, hands, legs and toes by awarding a certain number of weeks of pay for the loss of certain body parts. And that is all you get. In an automobile accident case and lost an arm, a jury could award any amount they saw fit to compensate you or your family for your loss of enjoyment of life and the loss of your earning capacity but not if it’s an on-the-job injury.
In certain on-the-job injury cases both parties want to close out medical and forego future medical treatment and in some of these cases, particularly if the injured party has applied for social security disability, Medicare has to be involved so that they are not on the hook for future medical treatment that the employer would have had to pay. In these cases we use what’s called a Medicare Set Aside where Medicare estimates the amount of future medical treatment needed for the injuries sustained on a case-by-case basis.
Buckle up and drive safely.
McCutcheon & Hamner, P.C.
2210 Helton Drive
Florence, Alabama 35630
Telephone: 256-764-0112
Facsimile: 256-349-2529
