New York City Personal Injury Law Blog
Can I Still get a Personal Injury Settlement without Medical Bills?
Posted on Feb 8, 2017 in Personal Injury
According to the Centers for Disease Control and Prevention, approximately 31 million people across the United States sustain injuries that require medical treatment each year. Of these, about 2 million are serious injuries that require some form of hospitalization.
Additionally, 162,000 deaths occur as a result of these injuries. Apart from this, National Highway Traffic Safety Administration data shows that roughly 5.5 million car accidents occur across the country each year, resulting in 3 million injuries and 40,000 deaths.
Personal Injury Compensation without Medical Bills
People in New York and other places often ask if they can receive a personal injury settlement if they do not have medical bills. The answer is that they probably will not. Or, if they do get a settlement, it is most likely that the amount will be a very small one.
For a successful personal injury claim, damages play a critical role. In any personal injury case, the injured person, or plaintiff, needs to prove negligence and damages. This usually means that you need to show exactly how the defendant, or the party responsible for the injury, acted unreasonably and caused the underlying accident.
However, proving negligence is just half the battle. The other half, which is equally important, is proving that the negligent action of the defendant caused you, the plaintiff, to suffer losses, or damages. If you do not have medical records or bills that show that you received medical treatment, it is likely that you did not suffer any injuries. If there are no injuries, then there can be no injury damages. So, aside from compensation for destroyed or damaged property, you should not expect more than a nominal settlement.
Exceptions to the Rule
There are a few exceptions to this general rule, which means that there are some situations where it is possible to receive a personal injury settlement without having medical bills.
A wrongful death case is the first exception. If the defendant’s negligence resulted in the plaintiff’s death, the plaintiff, or technically, the estate of the plaintiff, still has a claim against the defendant even though there are no medical bills incurred by the plaintiff.
Another exception might be a case where you suffer a minor injury, but a provable one, as a result of the defendant’s negligence but the injury did not require any formal medical treatment. For example, let us say that you suffer a cut caused by a defective product and you live in a rural area.
You managed to stop the bleeding, or someone else or you managed to close up the cut with a stitch or two, and you went on with your life. In that situation, it is possible that you may be able to receive a small settlement, assuming that you made sure to document your injury and were able to prove that the product was defective.
Get Legal Help in New York for Personal Injury Claims
If you or a loved one has been injured due to someone else’s negligence, you should immediately seek the help of the reliable personal injury attorneys at Rosenberg, Minc, Falkoff, & Wolff of RMFW Law at 212 697 9280.
The first meeting is free. We know how to win cases because we have been doing that since inception. We are not paid until you are paid. RMFW Law will keep you informed every step of the way. What is your side of the story? What really happened?
Call us up so we can evaluate your case and see if it is viable or not. RMFW Law will defend your case and prosecute it to the fullest if we accept it. We know how to negotiate in and outside the courtroom. Call us today!