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Who Will Pay My Medical Bills After an Accident?

Who Will Pay My Medical Bills After an Accident?

Being injured can create a lot of stress in someone’s life. Aside from the pain, a person may be burdened by medical bills for years to come. This becomes especially frustrating when the injury was sustained due to the negligence of another party. However, victims in this situation can seek compensation for their medical bills through a personal injury lawsuit. They can receive coverage for medical expenses, lost wages, and more. They can also take action to have their medicals paid on an ongoing basis as they wait for a settlement.

Paying Ongoing Medical Bills

The state of Georgia provides citizens with many potential options for financial assistance when they are injured due to someone else’s negligence. For most people, their own car insurance will pay their bills, up to the limits outlined on their policy. If someone’s medical costs exceed the amount their car insurance policy allows, their health insurance will take over. Health insurance companies may recoup the money they spent on a customer’s medical care if they are awarded a settlement from a personal injury lawsuit.

However, someone injured in a car accident they aren’t at fault for can file a third-party claim with the defendant’s insurance. The minimum car insurance requirements in Georgia are as follows:

  • $25,000 per person and $50,000 per accident for bodily injuries
  • $25,000 per accident for property damage

Although these are the minimum requirements, some people choose to drive without insurance. Drivers can add on to their policy to accommodate for other drivers who lack insurance. This is called underinsured driver coverage.


Georgia drivers can also choose to carry medical payments coverage, known as MedPay by most. MedPay provides benefits to an injured driver regardless of who is determined at fault for the accident. MedPay is comparable to health insurance, but it can only be used when someone is injured in an accident. Some examples of losses people have been reimbursed for through MedPay include:

  • Ambulance rides
  • Outpatient and inpatient hospital visits
  • EMT fees
  • Testing, MRIs, X-Rays
  • Visits to their primary care doctor
  • Physical therapy, psychotherapy, and rehabilitation
  • Funeral costs if killed in the accident

Will The At-Fault Driver Have to Pay?

It will have to be proven that the other party was at least 51% responsible for the accident in order for them to be required to pay medical bills. This is based on the system of modified comparative negligence. It’s safe to assume that the other party will work as hard as possible to avoid being responsible for 51% of the accident. Experienced and aggressive legal counsel can prevent that from happening.

Seeking Compensation Later On

Once the proverbial dust has settled, a victim of an accident caused by someone else’s negligence can begin the process of seeking compensation. This happens through a personal injury lawsuit. Such lawsuits can be long and complex legal battles. However, assistance from a car accident attorney can help the process run smoothly by compiling evidence and pursuing the maximum amount of compensation.

There are only 4 elements that need to be proven in a personal injury lawsuit. Those elements are as follows:

  • Establishing the duty of care: The plaintiff must prove that the defendant owed them a duty of care. In a car accident case, that duty could be as simple as driving no faster than the speed limit.
  • The duty of care was breached: The plaintiff must prove that the defendant breached the duty of care they owed to the plaintiff. If the defendant had a duty to use a turn signal and failed to do so, they would have breached their duty.
  • There was an injury: The plaintiff must prove that they suffered an injury in the incident. This can be done through medical records, police reports, and EMT records. Legally, an injury may be referred to as damages.
  • Causation: The plaintiff must prove that their injury was caused by the accident. Causation amounts to marrying the other elements together to prove that the defendant was responsible for injuring the plaintiff.

Potential Compensation in a Personal Injury Case

Being injured in an accident can impact many aspects of a person’s life. Personal injury law allows such people to be compensated for the various things they may have lost as a direct result of an accident. These are called compensatory damages. Some examples of the types of compensation a person can receive in a personal injury lawsuit include:

  • Past and future medical bills: Medical bills make up the majority of most personal injury settlements. Specifically, the types of costs that can be reimbursed include hospital stays, prescription costs, physical therapy, at-home nursing, medical transportation, and more.
  • Damaged property: Some accidents result in damaged property, which a plaintiff can be compensated for. For example, someone injured in a car accident may decide to sue for the value of the vehicle they were driving.
  • Lost wages: Most people who are injured in an accident will have to take some time off of work to recover. Taking time off of work will result in smaller paychecks. Someone in this situation can sue for the wages they lost while recovering. They can also sue for estimated future wages if they were injured severely enough to never be able to work again.
  • Pain and suffering: The amount of pain and suffering someone endured because of an accident can be difficult to quantify. However, the courts may attempt to do so by interviewing the plaintiff, speaking to their doctors, etc. They will then attempt to compensate them appropriately for long-term physical pain and mental anguish caused by the accident.
  • Diminished quality of life: Someone with a severe injury caused by an accident may not be able to live their life the same way they would have if the accident had not happened. Someone in this situation could sue for compensation for their quality of life being lowered. An example would be someone who needed a limb amputated due to an accident.
  • Loss of enjoyment: An injury may cause someone to be unable to participate in things that previously brought them joy, such as exercise or painting. They may be compensated for that loss.

In some cases, the court will require the defendant to pay punitive damages to the plaintiff. This type of payment is meant as punishment for the defendant and is intended to deter them from committing a similar crime in the future. This money would be paid alongside compensatory damages.

We’re On Your Side

No one facing a personal injury lawsuit should have to fight alone. Vaught Law Firm, P.C. can help you with your claim and advocate for your best interests in court. We will represent you aggressively and comprehensively with a backing of more than 20 years of experience in personal injury litigation. You deserve the maximum compensation possible for what you went through, and we can help you work towards that. Contact us at (912) 335-5000 or online to schedule a consultation.