Various expenses traditionally associated with litigation such as filing and service fees, deposition costs, jury and witness fees, fees for hiring experts, etc.) are essential to effective prosecution of the claim.  In many cases, the client cannot afford to pay court costs and expenses as they are incurred. Counsel can agree but is not required to advance expenses on behalf of the client. In such event, of course, the attorney has a right to repayment only if the client prevails in the action by judgment or settlement as specified in the agreement. An attorney willing to accept only contingent repayment of costs advanced on the client’s behalf concededly may have to charge a higher fee than one who requires the client to pay all costs as incurred. Nonetheless, in professional negligence actions against health care providers, the MICRA fee limits effectively restrict what lawyers can pass off as higher fees under the auspices of reimbursable costs.

Claimant is entitled to recover the reasonable value of all medical expenses that have been incurred, and that are reasonably certain to be incurred in the future, as a result of the injury. [Howell v. Hamilton Meats & Provisions, Inc. (2011). To recover for past (already-incurred) medical expenses, claimant must prove the following: the amount of each claimed expense; that each of the charges was reasonable; that each of the services or supplies for which medical expenses are claimed was actually given and was reasonably necessary to diagnose or treat the injuries; and that the condition that necessitated each medical-related expense was a proximate legal result of the injury caused by defendant. Plaintiff is entitled to recover the “reasonable cost” of past medical care necessitated by defendant’s tortious conduct. It would be best to seek personal assistance from a lawyer in order to guide you with your personal injury claim.

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