When a person is injured in an accident, the severity can vary widely. Some accidents result in short-term injuries that can be resolved with medical care within the statute of limitations (generally three years for personal injury cases in Washington state). Accidents that cause serious injuries may result in the need for medical care over the course of many years or even permanently. Since personal injury claims must be filed within the statute of limitations, it is important to be able to calculate the cost of future medical expenses so they can be included in the settlement amount.
If you have been seriously injured in an accident, your personal injury attorney can help calculate your future medical costs in order to get to an accurate estimate of the full value of your claim.
What Are Future Medical Expenses?
Future medical expenses are one component of compensation in personal injury claims for accidents that require compensation for medical expenses that will be incurred past the statute of limitations. When the injured party reaches Maximum Medical Improvement (MMI) by the time their claim is resolved, they may not necessarily need compensation for future medical care. Those who do not reach MMI will require medical treatment beyond the resolution of the personal injury claim. For example, some may need ongoing physical therapy or additional surgeries. Secondary medical issues that are caused by treatment but not directly by the accident, are also considered part of a future medical expenses claim.
Examples of future medical expenses include:
- Diagnostic testing
- Surgeries
- Hospitalization
- Medication
- Mental health treatment for the victim or their immediate family members
- Pain management programs
- Long-term nursing or home care services
- Follow-up care
- Specialist consultations
- Home modifications required for disability
- Durable medical equipment
- Dietary and nutritional support
- Clothing and accessories required for a disability or post-surgery
- Rehabilitation and physical therapy
- Transportation to medical appointments
Proving Future Medical Costs
Even though most personal injury cases are settled out of court, your injury lawyer will prepare for a potential trial. They will start by gathering all evidence, including pictures, witness statements, police reports, and medical bills. Next, testimony is sought from your physician who can provide estimates for recovery timelines and outline future care needs. Medical expert witnesses who can testify about the causes and potential complications of your condition may also be consulted.
Along with your personal injury lawyer, these experts will quantify future medical costs and establish a clear link between your injuries and any anticipated future medical expenses.
How to Calculate Future Medical Expenses
There are two common methods used by personal injury attorneys to calculate future medical expenses:
- The Total Lifestyle Approach
The total lifestyle approach comes from the assumption that even after you reach MMI you will never fully reach your pre-accident level of functioning. Your attorney will consult with your healthcare provider(s) to create a “life care plan” and then calculate the expenses you will need to have as good a lifestyle as possible over the course of your entire life expectancy.
- The Additional Expense Method
The additional expense method is used to calculate future medical expenses when the injured party is dealing with current medical issues but is expected to eventually make a full recovery. The attorney itemizes each additional expenditure to calculate all future medical expenses with the idea that there will not be lifelong medical needs related to the accident.
What You Need to Know About Insurance Companies and Future Medical Expenses
In general, insurance companies will always try to pay as little as possible for a personal injury settlement. Insurance companies are also much more likely to compensate the injured party for current medical bills than speculative future medical expenses. This is why it is so important to have an experienced and competent personal injury attorney working with you. They will be your advocate to fight for a full and fair settlement.
Seek the Help of a Personal Injury Lawyer
If you or a loved one was injured because of the negligence of another, contact a personal injury lawyer to discuss your legal rights. Let an experienced accident attorney fight for the full compensation that you deserve. It is not uncommon to receive a settlement from the insurance company that is five to ten times larger with the help of a lawyer. Call the personal injury lawyers at Tario & Associates, P.S. in Bellingham, WA today for a FREE consultation! We have been representing people injured in Whatcom County, Skagit County, Island County, and Snohomish County since 1979. You will pay nothing up front and no attorney fees at all unless we recover damages for you!
