Your injuries cost you both tangibly and intangibly. Your economic losses include your medical bills and your salary losses. You also experience non-economic losses, such as the pain and distress you endure after your injury.
Some of your tangible losses are especially painful. Your resources are limited. When you spend money out-of-pocket on your injuries and their effects, you have less money to spend on food, housing, or other essentials. Fortunately, Nevada law allows you to seek reimbursement for out-of-pocket expenses arising from your injuries.
Economic Losses
Out-of-pocket expenses are a form of economic loss. These losses encompass all the financial effects of the at-fault party’s wrongful actions. Economic losses have a few important characteristics.
Economic losses cover both past and future expenses and losses. Your economic losses include the physical therapy bill from last month and those you will receive for the next 12 months while you recover.
Economic losses should count, whether you paid the expense or not. If the law obligates you to pay the bill, it still counts as an economic loss. For example, suppose your doctor billed you for surgery after your injury. It remains an economic loss even if you have not paid the bill.
In some situations, hospitals can make it even more apparent that these unpaid bills count toward your economic losses. Under Nevada law, hospitals can place a lien on your personal injury claim. The bill should be included in your damages award and repaid to the hospital after you settle or win your case.
What Are Out-Of-Pocket Expenses?
Out-of-pocket expenses make up a subcategory of economic losses. They include expenses already incurred as a result of your injury.
To qualify for reimbursement, expenses must be:
- Reasonable
- Necessary
- Caused by the at-fault party’s intentional or negligent actions
An expense is reasonable if you did not overpay. The law determines reasonableness using an objective standard. If an ordinary person would find the expense unreasonable, you cannot get full reimbursement for it.
Only the necessary expenses that arose from the incident are considered. For example, the cost of travel to Los Angeles for surgery would qualify as necessary only if no doctor in Las Vegas can perform the operation. Conversely, a claims adjuster or jury might view the travel expenses as unnecessary when a local surgeon could have performed the surgery.
Causation means there is a factual link between the at-fault party’s actions and the expense. This element also requires that losses were reasonably foreseeable based on the actions. The at-fault party does not need to have foreseen the losses the victim incurred. But the nature of the actions must make some form of injury or loss foreseeable.
Examples of Out-Of-Pocket Expenses
Out-of-pocket expenses can take many forms. Some categories your expenses may fall into include the following:
Medical Expenses
Many expenses you pay out of pocket will involve your medical treatment.
Some medical expenses you may pay will include:
- First aid supplies like bandages and antibiotic ointment
- Health insurance copays and deductibles
- Travel expenses for medical treatment
- Rental or purchase fees for durable medical equipment like wheelchairs
Remember that these expenses must satisfy the reasonable and necessary test to quality for reimbursement. One way to show an expense meets this test is to have your doctor recommend it. The recommendation letter or note can carry a lot of weight with claims adjusters and jurors.
Property Loss Expenses
You have out-of-pocket expenses due to property damage from some incidents. Car crashes, for example, commonly involve property losses. After a crash, you may need to rent a car until you repair or replace your vehicle. The garage may charge you storage and towing fees. You may also need to replace personal items destroyed in the crash, like prescription glasses.
Replacement Services Expenses
Serious injuries can prevent you from meeting all of your needs and responsibilities. As a result, you may need to hire someone to perform tasks.
You may incur replacement services expenses for:
- Cooking
- Cleaning
- Driving
- Shopping
- Caring for children
For these types of expenses, you should gather solid evidence to show the services were reasonable and necessary. A doctor’s note and medical records can help you prove your disabilities and your doctor’s recommendations.
Home Modification Expenses
You may incur significant expenses modifying your home to accommodate any long-term disabilities caused by your injuries. Wheelchair ramps, grab bars, and other modifications might help you maintain your ability to live independently.
Proving Out-Of-Pocket Expenses
Using financial records, you will prove the amount and purpose of your out-of-pocket expenses.
The evidence of your expenses might include:
- Receipts
- Credit card statements
- Bank records
- Check images
Your lawyer will present these documents to the claims adjuster or jury so they can include the expenses in their damages calculation.
Getting Reimbursed for Out-Of-Pocket Expenses
An experienced injury lawyer will encourage you to seek compensation for as many of your expenses as possible that reasonably relate to your injuries. Gather your records and go through them carefully. Identify possible expenses and contact a lawyer to review them in the context of your injuries.
Schedule a Consultation With Our Las Vegas Personal Injury Attorney
Dealing with out-of-pocket expenses after a personal injury accident in Las Vegas, Nevada can be overwhelming. You don’t have to navigate this stressful time alone. Contact De Castroverde Accident & Injury Lawyers at (702) 222-9999 to discuss your out-of-pocket expenses with our Las Vegas personal injury attorney.