Can I Collect Medical Expenses as Part of Restitution?
Here is the scenario. A person is hurt in an accident and incurs medical expenses. The at-fault individual is charged with a crime in connection with the incident.
May the injured person get their medical bills paid for by the court in the criminal case ordering restitution from the defendant?
The answer is yes, and it gets better. A litigant in a case seeking the payment of medical bills is typically charged with the burden of proving the charges are consistent with what is typically charged in the community. Experienced Baltimore criminal defense lawyers know that at a restitution hearing, the standard is different. In restitution, the person seeking the payment of the bills must only submit those bills, and are not required to produce additional testimony regarding reasonableness. Unlike the burden of proof placed on a Plaintiff in a civil case, defense lawyers arguing against the restitution sought, have the burden of producing evidence that the bills were unreasonable, or the services unnecessary.
In addition to medical expenses, a crime victim is also eligible to obtain:
- Transportation to the hospital, doctor’s appointments, funeral services, court events, etc.
- Physical or Occupational Therapy
- Rental of purchase of equipment, i.e. wheelchair or crutches
- Replacement of eyeglasses or hearing aids
- Therapeutic mental health counseling, including support groups
- Funeral and Burial expenses
- Lost wages
- Any expenses related to the destruction, damage, or theft of personal property or real estate
-This Article was updated by Eric Kirk on 4/3/20.