Recovery of medical costs following an automobile accident in North Carolina changed dramatically this summer with the passage of North Carolina House Bill 542. Medical treatment following a North Carolina car accident often includes an initial emergency room visit and countless appointments with specialists and physical therapists. The costs associated with this treatment can become overwhelming. Even if you have health insurance, the co-pays and deductibles can run several hundred dollars a month. If you do not have health insurance, the result of a car accident can be financially ruinous. The Raleigh car accident personal injury attorneys of Maginnis Howard, PLLC can help you recover the full costs of your medical treatment, as well as, damages such as pain and suffering and lost wage earning capacity.
The Rules of Evidence, as applied to a personal injury trial, have long allowed evidence only of the charges of the medical providers treating a car accident victim, not what the health insurance company actually paid those providers. This is important, because most health insurance companies have prearranged fee schedules with medical providers. For example, you may receive an emergency room bill of $10,000.00, but your health insurance company’s agreement with the provider may only require payment of $6,000.00. Prior to HB 542, and in nearly every other state, the jury would only be allowed to hear evidence of the $10,000.00 of charges. The principle has always been that the negligent driver and his or her automobile insurance company should not benefit because the responsible Plaintiff purchased health insurance and paid his or her premiums. With the passage of House Bill 542, automobile insurance companies now face drastically lower verdicts and can, therefore, negotiate even more aggressively with injured parties.
With this background, it is important that you retain an equally aggressive civil litigation personal injury lawyer to fight for your interests. Even with the changes to North Carolina state law caused by House Bill 542, a car accident victim is still entitled to recover whatever amounts actually paid for his or her medical treatment, including amounts expended by his or her health insurance company. Furthermore, an injury victim is still entitled to damages for pain and suffering, temporary disability, permanent disability (if applicable), and lost wage earning capacity.
If you have been involved in a North Carolina car accident, contact the Raleigh civil litigation personal injury lawyers of Maginnis Howard. Our attorneys offer free consultations for all automobile accident victims and are willing to travel to meet with you. We accept automobile accident personal injury cases on a contingency basis so that you pay no attorneys’ fees unless you actually recover for your injuries.
If you or a family member has been injured because of a car accident across the Carolinas, contact us today. We have three conveniently located offices in Charlotte, Raleigh, and Fayetteville.
