Past Medical Expenses

Past Medical Expenses

Past Medical Expenses

Past medical expenses cover treatment already rendered, established through billing records and provider testimony. Recovery requires that the charges be both reasonable in amount and necessary for the injury.

Whether billed or paid amounts are recoverable varies.

Alternative Names:

Incurred Medical Expenses, Past Medicals

Why it Matters?

Reasonableness and necessity are separate requirements, and defense effort concentrates on causation while frequently leaving reasonableness unexamined. Comparing charges against regional benchmarks and against what the provider accepts from insurers addresses that gap. Treatment financed by letter of protection warrants particular scrutiny, since those charges are frequently set well above the provider's ordinary rates.

Frequently asked questions

What are the two requirements?

What are the two requirements?

That the charges be reasonable in amount and that the treatment be necessary for the injury, which are separate inquiries.

Which requirement is underexamined?

Which requirement is underexamined?

Reasonableness, since defense effort concentrates on causation while charge amounts frequently go unchallenged.