Out-of-Pocket Expenses

Out-of-pocket expenses are a type of compensatory damage awarded to a plaintiff in a personal injury that does not fall under the typical categories of medical expenses, lost wages non-economic damages and punitive damages.

Out-of-pocket expenses are a type of economic damage, or the compensation you receive as reimbursement for the financial losses you sustained because of your injuries. There are typically three aspects of economic damages in a personal injury case:

1. Property damage — Any damage to your car, home, or even smaller expenses such as a destroyed cell phone or laptop.
2. Medical expenses — Medical expenses are all of the medical-related bills related to your injury. They can include:
   • Emergency room or urgent care costs
   • Ambulance bills
   • X-rays, tests and lab work
   • Surgeries
   • Physical therapy or chiropractic
   • Over-the-counter or prescription medication
   • Follow-up appointments with your general practitioner or a specialist
3. Lost wages and lost earning capacity — Most personal injury cases result in the plaintiff missing anywhere from a few days to several months while recovering from their injuries, and any wages you missed out on will be repaid to you. In more severe cases where the injury resulted in some form of permanent disability, you can also seek compensation for your lost future income. That amount will be based on your age, previous income level, life expectancy, skills and training.

Out-of-Pocket Expenses in a Personal Injury Case

Out-of-pocket expenses are any other expenses you had to pay yourself as a direct result of your injuries. They can include:

Transportation Costs

The costs of going to and from medical and physical therapy appointments can add up. Whether you used a ridesharing service such as Uber, public transportation, or your own car, keep a record of all your receipts and expenses, including mileage and gas used and parking fees if you drove yourself. If your medical needs forced you to seek a specialist in a different town, you can also make a recovery for your hotel stay and meals.

Day-to-Day Tasks

An injury can disrupt our daily lives, and you might need to pay for professional assistance just to get chores or other daily tasks done. Some household expenses you can make a claim for include:

• In-home nursing care
• Cleaning services or help with other household or gardening chores
• An affordable daycare or nanny for your children

Home and Vehicle Modifications

If your injury results in disability, you may have to make a variety of modifications to your home and your family’s vehicle in order to function as normally as possible. This can include special guardrails in the bathroom or wheelchair ramps or lifts to your home and vehicle.

Mitigating Damages

It is important to remember that as the injured party you are expected to mitigate your damages, or not incur unreasonable fees. While you can easily recover compensation for help with household chores, having someone remodel the kitchen and claiming it is part of your accident expenses is unlikely to work. Likewise, you cannot go to a simple physical therapy appointment in Paris, France, stay at the Ritz-Carlton and claim it is all part of your out-of-pocket expenses.

Getting Compensation for Out-of-Pocket Expenses

The insurance company may initially say that your expenses were unreasonable or unnecessary. In order to make a successful claim for out-of-pockets expenses, you will need to have complete records of every dollar you spent, including:

• Receipt or proof of purchase or services
• The date of the expense
• Itemized bills for household services
• A clear reason why the expense was necessary and related to your injuries.

As long as you kept detailed records, a personal injury attorney will be able to calculate the full extent of your damages and negotiate with the insurance adjuster on your behalf.

Client Reviews

What our clients are saying about us

Juanita Matthews

Year of 2023

This law firm is absolutely amazing. They took on my case, when nobody else would! They fought hard for me when it seemed there was no hope. They kept me informed and always asked for my input before making decisions on my case. Gary puts himself into every case unlike most law firm owners. Gary and his team really care about every one of their clients, and fights hard to get you a fair settlement. They actually won my case out of court, and then reduced my fees to make sure I could get my car fixed and be able to get back to some normality. I would recommend Burger Law over and above any other firm! If you go somewhere else you aren’t getting the best!

Shaunda S.

7 months ago

I am very happy with the staff at Burger Law. I mostly worked with Michael Sheldon, and he did an amazing job. I trusted him completely with my case, and he did not disappoint. I would definitely recommend this team if your ever in need of good attorneys.

Emelia M.

3 months ago

Burger Law Firm is fantastic. Laura and Genevieve were so amazing and helpful throughout the entire process. They helped me with my personal injury case every step of the way and succeeded at getting me the results I desired.

Helen L.

a year ago

We had a great experience with Burger Law for representing us after a serious car accident. Truly impressed by how professional and supportive the entire team is. And, many thanks to Genavieve and Laura – you are amazing!

Judy M.

a year ago

They did an amazing job on my case! Communication with them was great!!! Kept me informed and in the loop with everything that was going on!!! Will definitely be the 1st ones I’ll call if ever I’m in another accident!!! Thank you very much!!!

Chelsea C.

5 months ago

Let me tell you something about Burger Law.. they are so attentive and kind. Jennifer is my savior!! I love the whole team!!! They are truly a miracle team!! I appreciate their business and would recommend it to others.

David D.

2 months ago

Absolutely the best law firm in the St. Louis area. No matter the size of your case you are treated as if you are the only client on the roster. Will explain anything thoroughly and they work around your availability. Very impressed and appreciative of the service.

Lisa B.

11 months ago

Gary and Casey took great care of me for 2.5 years as my lawsuit was finally settled. I feel he helped me achieve justice for me and my 4 children after their father died from medical malpractice and neglect. Thanks to Gary, my kids now have a great start to their college and adult lives. Thank you Gary and Casey, for fighting for us so hard at our most trying and difficult time in our lives thus far. Love and God bless from my family to yours!

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