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My loved one was killed in an accident. Who will pay for the medical care he received from the time of the accident until his death?

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A wrongful death claim can recover the medical expenses from a fatal accident

If your loved one had survived the motor vehicle crash, slip and fall accident, or other negligent or intentional action that led to his death, then he may have been able to recover his medical expenses in a personal injury lawsuit. His estate should not be left with the burden of those medical expenses if the crash or accident was so significant that it led to his death.

Don’t Let the Medical Bills Become a Problem

If your loved one did not die right away, then he likely incurred medical expenses between the time of his accident and the time of his death. These medical expenses were a direct result of the accident and were incurred because doctors had the intent to either help him survive or relieve his pain. Your loved one’s medical insurance may have covered some of these costs. However, your loved one may have had outstanding copayments or deductibles, things that were simply not covered by his plan, or he may have not been insured at the time of his death. Accordingly, his estate is now stuck with the bills.

A wrongful death lawsuit can help protect the value of the estate and the ultimate payment to the estate’s beneficiaries. If you file a wrongful death case, then the other driver’s insurance company may be responsible for paying your loved one’s medical costs that were directly related to his accident injuries including, but not limited to:

  • Surgeries.
  • Medications.
  • Hospitalizations.
  • Doctors’ visits.
  • Rehabilitation therapies.

The recovery of medical expenses, like all wrongful death damages, is going to require you to submit evidence of the cost. Medical bills, proof of payment, and other documentation will be important and should be shared with your wrongful death lawyer as soon as possible. If you need an experienced and empathetic attorney to help you through this difficult time, please feel free to contact us at any time via this website or by phone.

Jason F. Abraham
Managing Partner, Hupy and Abraham