According to The National Highway Traffic Safety Administration, over 5 million car accidents occur annually, resulting in 3 million injuries. According to a statistical projection from NHTSA, in the first quarter of 2021, an estimated 8,730 people died in motor vehicle traffic crashes.
These accidents result in millions of personal injury cases across the United States, and California is no exception. If you are currently suffering from a personal injury, you are aware of the expenses that quickly amount from the accident.
As you can see from the above data, it is common for accident victims to require extensive medical care and sometimes a long recovery process. After suffering severe injuries, additional surgeries and treatments may also be needed for months, sometimes years.
It is easy to prove past and current medical expenses in an injury claim with invoices and billing statements. Proving future medical expenses, however, is much more difficult. The aid of a skilled personal injury attorney, who has experience calculating detailed compensation, will undoubtedly prove to be a great asset to personal injury victims.
What is a “Future Medical Expense”?
In a personal injury case, future medical expenses can be awarded as part of the total recovery of the victim. Every accident victim might not need this compensation. Providing they recover quickly after the injury and their injuries are not very severe, future medical care may not be a necessity.
It is another matter for those who sustain significant or life-changing injuries due to an accident. Even victims reaching their maximum medical recovery point may still suffer from secondary issues like long-term pain, permanent nerve damage, and other matters that necessitate further treatments. Maximum medical improvement (MMI) is when your doctor determines that your injury or medical condition will not further improve. Proving the need for future medical expenses helps pay for the ongoing treatment of more seriously injured victims to assist them in recovering as close as possible to their pre-accident health.
An injury to the spine may cause the victim to become bedridden and suffer pressure sores, bowel and bladder issues, spasticity (muscle jerks), bone density issues, and more. Despite not being caused directly by the initial accident, these conditions would not have happened if not for the incident.
Other Types of Future Medical Expense Examples
Victims may require compensation for future expenses based on their particular case. Below are some of the types of future medical costs you may incur as a result of a personal injury accident:
- Surgeries
- In-Patient Care (Rehab)
- Hospitalizations
- In-home Care or Assisted living care
- Modifications to your home or vehicle (for accessibility or medical necessity)
- Prescription Medication Costs (this can be particularly expensive for Rx Pain Medication)
- Transport Costs for ongoing appointments
- Diagnostic Tests
- Physical Therapy and More
Proving the necessity of future medical expenses
If the victim of a personal injury case accepts a settlement, they may not usually return and ask for greater compensation. Settlements are binding legal agreements. If you are considering a settlement and have a severe injury, enlisting the immediate help of a personal injury attorney is paramount. Most personal injury cases in the US conclude through settlement. However, if the matter goes to trial, the plaintiff may pursue compensation for future medical expenses.
Even though California law allows plaintiffs to recover future medical expenses following an accident, any such award must be supported by evidence for the jury to determine its fair value. California law permits future or prospective medical expense awards to be given if the evidence supporting the award assists the jury in reaching a reasonable value for them.
Do you need the help of a personal injury attorney?
The above case serves as a hefty reminder of the extraordinary importance of collecting evidence in personal injury cases, especially when attempting to prove the need for future medical expense costs. If you have been a victim of a personal injury accident, it is critical to obtain the legal services of an experienced personal injury attorney as soon as possible following your injury. Additionally, California imposes a strict two-year statute of limitations on all personal injury cases. Therefore, it is a wise and vital action to retain a knowledgeable California personal injury attorney when you have been injured in an accident.
The experienced attorneys at SANFORD A. KASSEL, A Professional Law Corporation have more than 50 years of combined legal experience. The attorneys are well respected in the legal community, and they have successfully represented personal injury victims with compassion and results.
