Establishing Future Medical Losses in a Personal Injury Claim
Projecting Unreimbursed Medical Bills Related to an Accident
In the aftermath of a personal injury caused by someone else’s wrongful act, you have the right to pursue, among other things, compensation for any medical expenses related to your injuries, provided they are not covered by insurance or otherwise paid. That includes any potential medical costs in the weeks, months or years ahead. Calculating past medical expenses is a simple process, documented by medical bills and insurance payments. How do you accurately project future medical expenses, so that you get full and fair compensation for prospective losses?
The Use of Medical Testimony to Establish Future Damages
The most common way to show anticipated future medical costs is with testimony from a qualified medical practitioner. That could be your treating physician, provided he or she can be qualified to give an opinion about the types of treatment you may require. More often than not, though, the most compelling and effective testimony will come from a medical expert.
As a general rule, there are two approaches to the calculation of future medical losses:
- If your injuries are expected to be permanent and lead to an ongoing reduction in the total quality of your life, the calculation will include a determination of all expenses necessary to maximize your quality of life for the rest of your life
- If you are expected to return to your former lifestyle, the calculation will usually be an itemization of all anticipated expenses until you have fully recovered
If you receive a lump sum payment for future medical expenses, you can typically expect that it will be discounted to reflect the present value of all your losses.
Contact Our Office
At the Lee Law Firm, we have extensive knowledge and experience successfully handling personal injury claims. We take all personal injury cases on a contingency basis—you won’t pay any attorney fees unless we recover compensation for your losses.
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