What Is Collateral Source Rule In Virginia
What Is Collateral Source Rule In Virginia
If you’re injured in an accident in Virginia and end up with medical bills, it’s important to know how those expenses are treated in court. Virginia follows what’s called the collateral source rule. This rule allows injured people to present the full amount of their medical bills as evidence, even if some of those bills have been reduced or paid by health insurance, workers’ compensation, Medicare or other sources. In other words, you can show the entire amount that your healthcare provider originally billed, rather than only the discounted amount that insurance may have paid.
This rule exists because Virginia law believes that the person responsible for your injury should not benefit from the fact that you have health insurance or other coverage. The at-fault party should be responsible for the full damages they caused, regardless of any help you may have received from your insurance provider.
Medical Expenses Are Calculated Differently
Let’s say you were hurt in a car accident and went to the hospital. The hospital bills you $15,000 for treatment. Your health insurance company steps in and only has to pay $9,000 based on their contract with the hospital. The remaining $6,000 is written off by the provider. In Virginia, when you go to court or negotiate a settlement, you are allowed to present the full $15,000 bill as part of your damages, not just the $9,000 that the insurance company paid.
This rule applies to all types of medical bills, including hospital stays, surgeries, physical therapy, prescription medications, and follow-up care. The total amount you were billed is what matters, not the final amount paid.
What Does This Mean In Court?
When you file a personal injury claim in Virginia, you can show the entire amount of your medical expenses, even if some have been reduced or paid by someone else. This helps ensure that you receive full and fair compensation for what you’ve gone through. It also prevents the person or company that caused your injury from getting a discount on what they owe you just because you had insurance or other help.
If your case goes to trial, the jury will be allowed to see the full amounts of your medical bills. This can help make your case stronger because juries tend to take those numbers seriously. The bills help show not only the physical toll of the injury but also the financial impact on your life.
How Does This Affect My Settlement?
This rule also affects how your case is handled before you even get to court. Insurance companies know that, if your case goes to trial, a jury will see the full amount of your medical bills. Because of that, they are more likely to offer a fair settlement amount during negotiations.
Keep in mind that insurance adjusters may still ask you for information about how much was actually paid on your medical bills or whether there were any discounts. You are not required to provide that information, and doing so could actually hurt your case. The law in Virginia allows you to use the full amount of your medical expenses, and that’s what matters most.
Need Assistance Filing A Personal Injury Lawsuit?
If you or a loved one has been severely injured, don’t delay – call (800) 529-0804 right now for a free consultation with an expert car accident lawyer. When dealing with a stressful situation, you need a knowledgeable personal injury team to guide you through the recovery process. Contact Tatum & Atkinson, PLLC right away! There is no obligation, and it will not cost you anything to learn about your legal possibilities for pursuing compensation.