When a person is injured in an accident, they will incur medical expenses related to treatment. Injured victims may recover these costs in a personal injury lawsuit. But what about medical bills you incur after your case is over? Future medical expenses may be claimed, and your lawyer can help.
Some injuries are so severe that victims require long-term medical care that lasts beyond the end of a personal injury case. You may claim damages for future medical expenses, but we must prove that these expenses are probable, not just possible. Additionally, we can adjust claims based on the likely cost of medical care in the future, which tends to increase over time. We need your medical records, testimony from a doctor, and financial details to prove your claims for future medical costs.
Request a private case assessment for free from our Fort Worth, TX personal injury lawyers by calling The Queenan Law Firm at (817) 476-1797.
How to Sue for Future Medical Expenses in Texas
Injuries require medical treatment, which can be expensive. In some cases, when injuries are severe or complex, medical treatment may last for a long time, possibly beyond the end of your civil lawsuit. In such situations, you may be ablet o claim future medical costs.
Medical Evaluations
When suing for future medical expenses, it is important to be evaluated by a doctor. If you are currently receiving medical treatment, you have likely already been evaluated by a doctor. However, it may be necessary to be evaluated in regard to your future medical needs and prognosis.
While all doctors hope to cure their patients completely, this is not always possible. A doctor may evaluate your condition to determine whether your condition or injuries are expected to persist and, if so, for how long.
For example, if your injuries that cause complex, chronic pain, a doctor may be able to medically determine that your pain is likely to persist for years. They may even be able to give a somewhat precise timeframe, such as 5 to 7 years.
Reasonable Medical Probability
Damages for future medical expenses cannot be awarded based on mere speculation. Just because your injuries could persist for a long time does not mean they will or that this scenario is even likely. We must have a medical expert testify that your future medical needs are based on reasonable medical probability.
Our Odessa, TX personal injury lawyers must prove that future medical expenses are probable, not just possible. Medical records and expert evaluations and testimony are likely necessary to prove the probability of your future medical treatment and costs.
Financial Information
Claiming future medical expenses is complicated not only because your medical prognosis may be difficult to ascertain, but also because the value of medical treatment may fluctuate in the future. As time goes on, things like inflation and economic changes that may be hard to predict or control may increase the cost of medical care. As such, we may need evidence of what the likely costs of your future medical care will be.
It may be possible to have a forensic economist review your situation and determine what the cost of medical care is likely to be in the future.
What Evidence Do You Need to Sue for Future Medical Expenses?
We must have evidence of your damages before you can be awarded any compensation. This means we need evidence of your current medical expenses in addition to future medical costs you are likely to incur.
Evidence of Your Injuries
First, we need evidence of your injuries. Things like photos of your injuries from shortly after your accident can help us establish that your injuries are real, but we need more to prove how much your treatment costs.
We need medical records that explain how you were treated and what these treatments cost. Current medical bills can prove how much money you have already paid for medical treatment.
Economic Evidence
Next, we need economic evidence related to the cost of medical care. This should include evidence about the costs you have already incurred and the costs you are likely to incur in the future.
Your current medical bills may to establish the cost of the treatment you have received so far. These bills may also help us establish a sort of economic baseline for future medical bills. Generally, as time goes on, medical treatment becomes more expensive, so it I highly likely that your future medical costs will be at least equal to, if not greater than, your current medical costs.
Expert Testimony
Proving future medical costs is extremely tricky, as the future is always uncertain. As such, we will rely heavily on expert testimony from people who have the skills, knowledge, and experience to be able to accurately predict your future medical costs.
We need expert testimony from a medical professional, perhaps your treating physician, who can explain how long your injuries may take to recover and how long treatment is likely to last. We also need testimony from economic experts who can inform the jury about what the cost of medical care is likely to be in the future.
FAQs About Suing for Future Medical Expenses in Texas
Can You Claim Future Medical Costs in a Texas Personal Injury Lawsuit?
Yes. If your injuries require long-term medical care, you may claim the cost of future medical care in your lawsuit. Future medical care may include treatment that has not yet occurred at the time of your trial. Like any damages, we need evidence of your future costs to claim them.
What Are Future Medical Costs Worth in a Personal Injury Lawsuit?
The cost of future medical treatment will vary based on the type of treatment required, how much it costs now, and how much it is likely to cost in the future. These costs also depend on how long you are expected to require medical care. For example, damages for medical care that is expected to last a few years past the end of your case will not be as substantial as medical care that is expected to last indefinitely, maybe even forever.
How Do You Prove Claims for Future Medical Expenses in a Personal Injury Case?
Proving claims for future medical expenses requires evidence of your injuries, prognosis, current costs, and estimates of how costs may change in the future. Evidence commonly includes current medical bills, expert testimony from medical professionals regarding your injuries and treatment plans, and expert testimony from economic experts who may predict your future medical costs.
How Do You Know if You Will Incur Future Medical Expenses in a Personal Injury Case?
You might not know whether you will incur future medical costs until a doctor reviews your condition. Your doctor should be able to determine your prognosis, what kind of treatment you need, and how long treatment should last.
How Do I Prove Damages for Future Medical Treatment?
To prove claims for damages for future medical treatment, we need to prove that your future medical needs are not just possible, but probable. Damages are not awarded based on mere speculation. We need evidence that you are highly likely to require medical treatment beyond the duration of your lawsuit.
Contact Our Texas Personal Injury Lawyers for Help with Your Claims
Request a private case assessment for free from our Tyler, TX personal injury lawyers by calling The Queenan Law Firm at (817) 476-1797.