In order to calculate actual medical bills, doI usethe real medical bills or what Medicare allowed and paid?

UPDATED: Feb 21, 2012

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In order to calculate actual medical bills, doI usethe real medical bills or what Medicare allowed and paid?

I the hit the neighbor’s dog on my scooter (it ran out in front of me). The insurance company is paying the medical bills and for my scooter. By the time the doctor releases me, I will have been out of commission for 6 1/2 months. I broke a hip and a month later I got a staph infection; it wound up in my foot. I was in the hospital for 5 days and had surgery on foot to remove infection from the bone. I am 58 years old and on disability retirement.

Asked on February 21, 2012 under Personal Injury, Missouri


S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

The medical bills in your personal injury claim are the total medical bills; not the reduced amount allowed and paid by Medicare.

When you are released by the doctor, obtain your medical bills and medical reports.  Your personal injury claim filed with the neighbor's insurance carrier should include these items.  Compensation for the medical bills is straight reimbursement.  The medical reports will document the nature and extent of your injuries and will be used to determine compensation for pain and suffering, which is an amount in addition to the medical bills.  If you are dissatisfied with settlement offers from the neighbor's insurance carrier, reject the settlement offers and file a lawsuit for negligence against the neighbor.  If the case is settled with the neighbor's insurance carrier, NO lawsuit is filed.  If the case is NOT settled with the neighbor's insurance carrier, you will need to file your lawsuit for negligence against the neighbor prior to the expiration of the applicable statute of limitations or you will lose your rights forever in the matter.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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