Last Updated on February 28, 2024

Who Pays Medical Expenses for Personal Injuries in New York?

Medical expenses from personal injuries can pile up quickly, adding further stress while you recuperate. If another’s negligence or intentional harm causes your suffering, the law ensures that the responsible party is held accountable – making you eligible for medical compensation.

For years now, personal injuries have consistently been a leading cause of hospitalization in New York.  About 115,000 individuals (across all age groups) suffer severe injuries that require hospitalizations in the state annually. In New York City alone, there were 15,173 personal injury claims filed for 2022. These claims amounted to $681.1 million in settlement costs, according to the latest figures provided by the NYC Comptroller. This means that the average compensation for these claims is $44,889.

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Most Common Medical Expenses in Legal Claims

The New York State Civil Practice Law and Rules (CPLR) Section 4111 serves as a guide on what medical expenses are recoverable when filing for a personal injury case. In line with this, keep the following medical expenses in mind and account for:

Emergency CareRefers to all treatment provided to stabilize the victim following the accident. This could include ambulance fees, life-saving medications, professional fees, diagnostic fees, etc.
SurgeriesBoth inpatient and outpatient surgeries can be accounted for. Any major or minor surgeries required because of the accident can be covered in your claim.  Implanted devices should also be acknowledged.
HospitalizationThis includes all hospital-related expenses – regardless of the prescribed length of stay. Admission charges, room & board fees, and professional fees can all be covered.
Diagnostic TestingRefers to any examination done to evaluate a victim’s injury – such as x-rays, CT scans, and MRIs. Covers not only the tests themselves but also any professional fees that may accompany them.
Follow-up AppointmentsPrescribed outpatient visits for monitoring should all be included. Any future appointments necessitated by the accident must be accounted for.
Rehabilitation ServicesThis may include physical therapy, occupational therapy, speech therapy, and more as needed. Any expenses needed to regain (or be close to) your overall state before the accident should be added.
Prescripted MedicationsAny medication used for pain control, preventing complications, and mental health needs should be accounted for. Do not forget to consider the prescribed timeframe for these medications (including past and future expenses).
Assistive DevicesAny tool that would aid your recovery should be accounted for. These often include wheelchairs, crutches, and/or braces required due to impairment from injuries. 
Transportation CostsAny expenses involving transportation to accommodate your medical needs can also be covered. This applies to check-ups, therapy sessions, etc.
Hospice CareThis includes expenses for pain relief, comfort care, and support – regardless if the condition is treatable or untreatable – must be accounted for.

Establishing your Claim

In order to receive rightful medical compensation, you and your lawyer must first establish your claim. Here are key factors your team would need to establish:

  1. Negligence - You must be able to show that the other party was negligent in some way and failed to exercise reasonable care. This could be through acts of commission (doing something wrong) or omission (failing to do something they should have).
  2. Injury/Damages - You must have suffered some form of injury or damage as a result of the other party's negligence. Apart from medical expenses, this could also include physical injury, property damage, lost wages, pain and suffering, etc. The injury or damages must be identifiable and measurable.
  3. Causation - You must establish a direct causal link between the other party's negligence and your injuries/damages. In other words, you have to show that if not for their negligent actions, you would not have been harmed.
  4. Liability - You need to show that the other party is legally liable for your damages based on a breach of their duties. Their negligent actions must have directly caused your injuries/losses.

It is important that you seek legal counsel as soon as possible, as the New York Statute of Limitations could vary from case to case.

Working with Personal Injury Lawyers

A lawyer who specializes in this niche can seamlessly navigate bureaucracies and negotiations. Their experience allows them to properly establish liability, make compelling arguments for causation, and validate medical expenses as reasonable. More specifically, these lawyers can help you:

  • Gather evidence that will strengthen your claim (i.e., police reports, incident documentation, medical records, and bills)
  • Validate the link between injuries and expenses incurred (with the aid of their trusted licensed medical consultants)
  • Determining all sources of compensation (including multiple insurance policies, if applicable)
  • Filling the claim and notifying all concerned parties
  • Negotiating for an ideal and reasonable settlement (with insurance adjusters and liable parties)
  • Taking the case to court (if a settlement was not reached)

Make sure that you work with a lawyer who will work extensively to get you the accountability you need.

Speak to a Lawyer About Your Injury

At Porter Law Group, we legally support you while you recuperate your health. We’ll make sure that you are rightfully compensated for all past and future expenses related to your accident. Our seasoned personal injury lawyers are ready to help and give you the attention you deserve.

If you or a loved one has suffered due to another’s negligence, please reach out to us for a no-obligation, free case evaluation. You may also contact us at 833-PORTER9 or to schedule an appointment.

We uphold the utmost ethical standards in our content production, relying exclusively on reputable sources of information, such as government reports, expert interviews, well-respected nonprofit organizations, peer-reviewed journals, court records, and academic institutions. To gain a deeper understanding of our commitment to maintaining relevance, accuracy, and transparency, please refer to our editorial guidelines.
Written By
Michael S. Porter
Personal Injury Attorney
Originally from Upstate New York, Mike built a distinguished legal career after graduating from Harvard University and earning his juris doctor degree from Syracuse University College of Law. He served as a Captain in the United States Army Judge Advocate General’s Corps, gaining expertise in trial work, and is now a respected trial attorney known for securing multiple million-dollar results for his clients while actively participating in legal organizations across Upstate NY.
Legally Reviewed on February 23, 2024
Eric C. Nordby
Personal Injury Attorney
Eric, with nearly three decades of experience in personal injury litigation, holds a law degree with honors from the University at Buffalo School of Law and a Bachelor's Degree from Cornell University. His extensive career encompasses diverse state and federal cases, resulting in substantial client recoveries, and he actively engages in legal associations while frequently lecturing on legal topics.
This Article Was Professionally Reviewed
This page was Legally Reviewed by Eric C. Nordby on February 23, 2024. Our experts verify everything you read to make sure it's up to date. For information on our content creation and review process read our editorial guidelines. If you notice an error or have any questions about our content please contact us.
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