Out of pocket expenses, also known as “special damages”, are expenses reasonably incurred as a result of the injuries suffered in an accident. Examples include physiotherapy and chiropractor fees, CT and MRI scans, prescription medications, hiring a housekeeper, or mileage costs for attending therapeutic appointments.
As a general rule, out of pocket expenses can be recovered so long as they are “reasonably necessary” and would not have been incurred in any event. The defense will commonly exploit these preconditions in an effort to deny or limit reimbursement. For instance, the defense may claim that any physiotherapy sessions occurring after a certain date are not compensable because the victim should have made a full recovery by that time.
Alternatively, the defense may point to a prior injury or pre-existing condition and argue that a claimant’s expenses are not recoverable because they were meant to address medical issues that were not caused by the accident.
Our lawyers and paralegals have the experience and commitment to identify the types of expenses that can be recovered, and the defense tactics that need to be defeated.
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