Do You Need To Include Future Medical Expenses in Your Personal Injury Case?
Suppose you have suffered an accident or injury that has resulted in ongoing treatment. In that case, you may need to determine and include future medical expenses in your personal injury case. Understand these expenses, what they include, and how to prove them so you can calculate your future settlement.
What Are Future Medical Expenses?
Future medical expenses are various medical-related expenses that you may need after resolving your personal injury claim. Some of these expenses may include the following:
- Physical therapy
- Occupational therapy
- Hospitalization
- Medication
- Surgery
- Diagnostic testing
- Rehabilitation care
- Medical equipment
- Home modifications
- Long-term care expenses
Your actual costs will depend on your required treatments or services based on your injuries.
Will You Require Future Medical Expenses?
Not everyone requires compensation for future medical expenses in their personal injury case. While anything can happen in the future pertaining to your injuries, you cannot claim future medical expenses based on a maybe.
You cannot claim future medical expenses if a doctor states you have reached Maximum Medical Improvement (MMI) by the time a judge hears your case. Maximum Medical Improvement means that the doctor feels that no further improvement is possible no matter what type of medical treatment you receive. MMI does not mean that you are fully healed or back to your previous baseline, just that your doctor does not expect any future improvement.
You also will be unable to include future medical expenses in your claim if you have fully recovered before resolving your case. In this instance, you would only include your past or current medical expenses.
How Do You Prove Future Medical Expenses?
You and your personal injury attorney will use numerous methods to prove your future medical expenses. These methods will work both at settlement negotiation and trial. Some of these include the following.
Expert Testimony
Expert witnesses can provide some of the most vital testimony pertaining to your future medical needs. They can testify about the causes, consequences, complications, and future needs of your condition.
Some expert witness testimony in your case may include previous or current treating physicians and experts in the field. These experts may have never treated you but are familiar with your type of injury and the future care it will require.
Other expert witnesses may testify to the anticipated cost of future care in dollars and cents. Some of these calculations will be difficult to make, and in some cases, you will need to pad these numbers taking into consideration inflation and future rising medical costs. It will be vital to include these calculations but be prepared for objections from the opposing parties about the costs of future treatment and the need.
Medical Documentation
Your medical documentation is another essential component to proving your need for future medical expenses. Your records should not only show the past treatment you have already received but should also include recommendations for future treatments or procedures you may need later. X-rays or scans of the problem area may show why you need future care.
No one can predict what type of future medical care you need with 100% accuracy. You do not have to prove beyond a reasonable doubt that these expenses are vital. You just need to prove there is a reasonable likelihood of them occurring.
Borbi, Clancy & Patrizi, LLC would like to help you with your personal injury lawsuit. We can help you calculate your past, current, and future medical expenses and ensure that they are included in your claim. Give us a call today to schedule an appointment to review your case and get you on your way to your well-deserved compensation.