What are Out-of-Pocket Expenses?
Out-of-Pocket Expenses are expenses that are incurred before any benefits are received by an injured party in a legal dispute. According to Cornell Law School’s Legal Information Institute, they are “those paid from an individual’s own funds.” It is from an individual’s own funds as opposed to from insurance, benefits, or other financial assistance. They only concern the costs actually related to the injury, such as hospital and medical expenses, travel, and costs incurred from the investigation of the crime that caused their injury.
Insurance policies can cover some out-of-pocket expenses, but not necessarily all. For example, if a person needs to take a prescription as a result of injuries incurred, and their insurance covers 80% of costs, the remaining 20% is considered an out-of-pocket expense.
In some areas such as contract disputes, an injured party may be entitled to damages for out-of-pocket expenses incurred. However, there are sometimes limitations to what expenses can qualify as out-of-pocket expenses and be reclaimed. Some cases such as Reilly v. Marin Housing Authority resulted in rulings that declared that an amount charged or paid might actually be incurred. It is important for the consumer to understand the regulations where they live and keep track of what out-of-pocket expenses they can afford to pay before pursuing legal action.
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