Section 2 Incurred Expenses

• Library: Damages 2012

An injured plaintiff may recover the reasonable value of necessary medical and hospital services incurred as a result of the defendant’s negligence, whether paid or unpaid. Schaeffer v. Craden, 800 S.W.2d 165, 166 (Mo. App. E.D. 1990). In other words, to recover medical and hospital expenses, it is not necessary to show payment of the expenses but only that the expenses have been incurred by the claimant. The fact that a bill is paid or unpaid at the time of trial is not material as long as the evidence shows that it was incurred and that the claimant is personally liable for it. Zachary v. Kroger, Inc., 332 S.W.2d 471 (Mo. App. W.D. 1960).

As is discussed in §§2.14–2.16 below, proof of payment of medical and hospital expenses can be used as inferential evidence of their reasonableness. But payment is not material to a determination of whether the expenses have been incurred by the claimant. If the evidence establishes...