After an accident, you are likely to incur many types of financial expenses. Some of those are obvious – such as medical bills or car repair expenses. However, you may incur many other incidental expenses that are directly related to your accident or injuries.
These out-of-pocket expenses are sometimes overlooked when filing a personal injury claim, but they can really add up. You may be entitled to include them as part of your damages. Keep reading below to learn more about out-of-pocket expenses, including what they are and how you can prove them.
What Are Out-of-Pocket Expenses?
Out-of-pocket expenses are any expenses you incur that are both:
- Caused by the actions of the at-fault party, AND
- Reasonable and necessary based on the facts of your situation, such as your injuries or damages
These expenses must have been caused by the at-fault party. This requires proving the elements of legal causation – direct cause and proximate cause. Direct causation means that the defendant’s behavior was the specific cause of your damages. Put another way, you would not have sustained these expenses “but for” the defendant’s conduct.
Proximate causation is a little more complex. This requires proving that your injuries or expenses were a foreseeable consequence of the defendant’s actions. For example, suppose the defendant is texting while driving and causes a car accident. In that case, it is foreseeable that you would need to visit the doctor and incur a copay expense because of their conduct.
Additionally, your out-of-pocket expenses must be reasonable and necessary when compared to your injuries or property damage. Reasonableness requires looking at the amount of the expense. For instance, imagine that you must rent a car to drive while your vehicle is being repaired. The cost of an average vehicle would likely be considered reasonable, while renting a luxury sports car probably would not.
Remember that your out-of-pocket expenses must also be necessary. Most of the time, this can be proven by your doctor’s orders. If your doctor states that you need a certain treatment or medication, it will likely be considered necessary for your situation.
Common Types of Out-of-Pocket Expenses
Out-of-pocket expenses can be used to cover a wide variety of items. Almost anything that you pay for with your own money that is directly related to your accident or injuries could be considered an out-of-pocket expense. Some of the most common types of these expenses include:
Medical Expenses
Medical bills are often one of the largest expenses that accident victims incur. First, you may incur expenses related to your actual medical treatments, such as:
- Copays and deductibles
- Doctor visits
- Emergency treatment
- Hospital fees
Similarly, there are many other things you might need to pay for that are related to your treatments. This may include expenses such as:
- Prescription or over-the-counter medication
- Wheelchairs
- Crutches
- Other medical equipment or devices
- Bandages or wound care supplies
Remember that all of these expenses must meet the “reasonable and necessary” test to be counted as part of your economic damages.
Property Damage Expenses
If your vehicle was involved in the accident, you will likely need to get it repaired. Any incidental expenses relating to your car repairs may be counted as out-of-pocket expenses. This may include items such as:
- Rental car costs
- Towing fees
- Taxi or rideshare services
Just be sure to keep detailed logs of all expenses incurred after your accident so that you can include them in your claim.
Special Accommodations
Many accident victims can no longer perform certain tasks due to their injuries. Some of them may even be left with permanent disabilities. Out-of-pocket expenses could include the cost of modifying your home to accommodate your disability. Things like adding a wheelchair ramp or getting lower countertops could qualify.
Similarly, you may be entitled to recover the cost of paying someone to do certain activities or chores for you if you can no longer do them on your own. This may include items such as:
- Cleaning
- Cooking
- Childcare
- Lawncare
Like all other expenses, these must also be reasonable and necessary. You must examine how long your injury or disability is expected to last when making this determination.
Proving Your Out-of-Pocket Expenses
The first step to proving your out-of-pocket expenses is keeping detailed records. Save all your bills, receipts, and other evidence showing the amount of these expenses. Keep detailed logs that can help prove the necessity of these expenses, such as travel dates, mileage, and any other pertinent information that could be useful during the claims process.
Remember that you will only be entitled to recover expenses and damages that you can prove. If you do not have evidence to prove these losses, you will be unable to get compensation for them.
Contact Gross & Schuster Injury Lawyers for a Free Consultation With a Pensacola Personal Injury Lawyer Today
If you have been hurt in an accident in Pensacola, reach out to the experienced team at Gross & Schuster Injury Lawyers today for a free consultation. Our Pensacola personal injury lawyers can evaluate your claim and determine all the damages you may be entitled to, including out-of-pocket expenses. You can contact us online or call (850) 434-3333.