Disclaimer: This article is for informational purposes only and does not constitute legal advice.
Detailed Answer
Under Oklahoma law, a personal injury victim may recover not only medical bills but also reasonable travel expenses tied to medical treatment. Oklahoma treats these costs as special damages under 12 O.S. § 1618, which defines recoverable expenses to include medical, hospital, pharmaceutical and related costs. Courts have interpreted “related costs” to cover mileage, parking, tolls and other out-of-pocket expenses for necessary medical visits.
To claim travel expenses in your case, follow these core steps:
- Document Each Appointment: Record the date, treating provider, purpose of visit and address of each medical appointment. A simple spreadsheet or mileage log works well.
- Track Mileage or Actual Costs: Decide whether to claim actual costs (fuel, parking, tolls) or use the IRS standard mileage rate. For 2024, the IRS rate is 67 cents per mile. Keep fuel receipts and parking/toll stubs if you claim actual expenses.
- Keep Supporting Receipts: Organize receipts in a folder or digital file. Include parking tickets, toll invoices and any public-transportation or ride-share receipts.
- Calculate Total Travel Expenses: Sum your mileage (or actual costs) plus parking and tolls. Label this figure clearly as “Travel Expenses for Medical Treatment.”
- Include in Demand Letter and Pleadings: When you send a settlement demand, attach your travel log and receipts. In your court complaint or fact sheet, list travel expenses under “special damages” and reference 12 O.S. § 1618 (link).
- Maintain Records Through Litigation: Keep originals and copies of your logs and receipts. You may need them for discovery responses, depositions or trial exhibits to prove necessity and reasonableness.
- Present Evidence at Settlement or Trial: Support your claim with your organized file. A clear, itemized travel summary strengthens your position and reduces disputes over amounts.
Helpful Hints
- Use a dedicated travel log—date, origin, destination, purpose and miles driven.
- Snap photos of parking tickets or toll receipts with your phone to prevent loss.
- Review the IRS’s standard mileage rate each year if you choose that method.
- File receipts electronically in a cloud folder for easy sharing with your attorney.
- Ask your health care provider to confirm appointment dates in writing.
- Consult local court rules for submitting expense schedules in small claims or district court.
- Schedule a case evaluation with a personal injury attorney early to refine your documentation strategy.