If you have suffered a wrongful personal injury in Texas, under Texas law you can recover compensation for your injuries from the person or company that caused your injury (or their insurance company.) This is known as your legal damages.
One type of damages you can receive monetary compensation for cover for are medical bills incurred to treat your injuries.
Under Section 41.0105 of the Texas Civil Practice and Remedies code, you can recover the cost of your medical care at the rate it has been billed.
Doctors often have a contract with insurance companies to accept a lesser amount for the services they provided. For example, many doctors will adjust their bills for patients who have Medicare.
But no matter what the medical bill actually says, you will only be able to recover what your insurance company has agreed to pay your doctors.
Even though the law actually says you can recover the rate billed, you’re still only allowed to collect the total of the costs “actually paid or incurred” on your behalf.
Under the case of Haygood v. Escabedo, this includes Medicare. It also is the system used when calculating future medical bills. You can usually only get the amounts that the insurance company will have to actually pay,
If you have been injured by someone else’s behavior or carelessness, speak to a Texas personal injury attorney to understand your rights.
Justinian & Associates has represented hundreds of injured victims. We know the system, and will fight to make sure you receive all the compensation you are entitled to under the law.
Call, text or email us for a free consultation with a seasoned Texas personal injury attorney.. Tell us your story, and we will explain your options under Texas state law and Medicare regulations. There is no obligation.
And unless we get you money for your injuries, you owe us nothing. Your rights can be lost if you wait. Call us for a free consultation.