If you’ve been hurt in an accident, you already know how fast medical bills can add up. Dealing with the costs of emergency room visits, surgery, therapy, prescriptions, and follow-up care can be overwhelming, especially when you’re also trying to heal.
At Crosley Law, we help injury victims not only fight for justice but also recover the money they need to pay their medical bills and move forward. If you’re wondering how to recover your medical expenses through a Texas personal injury case, here’s what you need to know.
What medical expenses can you recover after an accident?
You have the right under Texas law to seek compensation for your medical bills, but there are some important rules to follow. To recover medical expenses, you must prove three things:
- The treatment was truly necessary because of the accident
- The charges were reasonable for the services provided, compared to similar treatment costs in your area
- The treatment was directly related to the injuries you suffered in the accident
That might sound simple to prove, but insurance companies often fight hard to challenge your bills. Having the right evidence makes all the difference.
How do you prove medical expenses in a Texas personal injury case?
In the past, proving medical bills meant bringing your doctors into court to testify. It was a complicated and expensive process. Today, Texas allows a simpler method called an affidavit.
An affidavit is a sworn statement from your doctor or their records custodian. It lists:
- The treatments you received
- The costs
- A confirmation that the services were reasonable and necessary
However, there are strict deadlines for submitting affidavits. Missing a deadline could mean you have to rely on live expert testimony at trial, which can delay your case and increase costs.
At Crosley Law, we handle these technical requirements carefully to keep your case moving forward without obstacles.
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What happens if the other side challenges your medical expenses?
If the defense disputes your medical bills, they can file a counteraffidavit—basically, a formal objection. If this happens, your case might require expert testimony to explain why your treatment and charges were appropriate.
Don’t worry. Crosley Law has extensive experience handling these challenges. We work with top medical experts who can stand up to tough questioning and clearly explain why your treatment was necessary.
Proving causation: linking the accident to your medical care
One important thing to know: an affidavit about your medical expenses does not automatically prove the accident caused your injuries.
To recover compensation, you must also show a clear connection between the accident and the medical care you received. This might involve:
- Medical records showing immediate symptoms after the accident
- Testimony from doctors linking the injury directly to the incident
- Imaging studies (like X-rays or MRIs) that document trauma
Clear, thorough medical evidence is key, and Crosley Law knows how to gather and present it effectively.
Can you recover future medical expenses?
Yes! If your injuries are serious enough to require long-term care, you can also claim future medical expenses.
Examples include:
- Ongoing physical therapy
- Future surgeries
- Medication for chronic pain
- Long-term nursing or home care
However, insurance companies often fight future medical claims. To succeed, you need strong medical opinions that explain what treatment you’ll likely need and how much it is likely to cost.
At Crosley Law, we work closely with your doctors and life care planners to present clear, convincing plans for your future care.
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What about medical liens and health insurance reimbursement?
If your health insurance paid for your accident-related care, they may have a subrogation claim, meaning they can seek reimbursement from your settlement.
Other types of liens may also apply:
- ERISA liens: If your health plan is governed by federal law, strict rules apply to repayment
- Hospital liens: Texas hospitals can file liens to make sure they get paid for emergency care
Handling liens correctly is critical. Failure to resolve them can delay your settlement or leave you personally responsible for unpaid bills.
We go beyond just fighting to maximize your recovery. We also fight to minimize what you have to repay. We will negotiate any liens aggressively to protect your bottom line.
Beware of medical funding companies
Sometimes, accident victims who don’t have health insurance end up with “funding companies” paying their bills. These companies buy medical debts at a discount but still demand full payment from your settlement.
Texas law generally allows recovery of the full billed amount, but funding company practices can complicate your case. Having an attorney who understands these tactics can save you thousands of dollars.
Will your medical expenses be scrutinized?
Probably. Insurance companies often investigate billing practices, especially if the bills seem high. They may argue that your provider overcharged or that insurance or Medicare would have paid less.
Texas courts allow some discovery into billing rates, but it’s up to your personal injury attorney to fight back with strong, clear evidence showing your expenses were fair.
What about federal court?
If your case is moved to federal court, Texas’s affidavit process may not automatically apply. Federal judges have discretion over how medical expenses are handled, which can affect how you prove your claim.
Crosley Law has extensive federal court experience and knows how to navigate these technical differences.
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Can you choose not to claim medical expenses?
Yes. In some cases, you might decide to pursue only non-economic damages, like pain and suffering. If you choose not to claim medical expenses, your medical bills usually can’t be used against you in court.
This is a strategic decision best made with guidance from your attorney.
You deserve full compensation for your medical expenses
Medical bills after an accident can be crushing. Don’t leave money on the table. Texas personal injury law gives you the right to recover reasonable, necessary medical costs—but strict rules and tight deadlines apply.
At Crosley Law, we handle the legal heavy lifting so you can focus on healing.
If you’ve been injured and have questions about how to recover your medical expenses, contact Crosley Law today for a free consultation. We’ll walk you through the process, protect your rights, and fight to get you every dollar you deserve.
About Crosley Law
Crosley Law is a nationally recognized personal injury firm based in San Antonio, Texas. Led by experienced trial lawyer Tom Crosley, our team has secured millions for accident victims, with a strong focus on maximizing recovery for medical expenses, lost wages, and non-economic damages. We combine cutting-edge technology, personalized service, and aggressive advocacy to deliver outstanding results for our clients.
The content provided here is for informational purposes only and should not be construed as legal advice on any subject.
