When someone else causes you to suffer from a significant injury after an accident that was not your fault, you have a right to claim costs associated with future medical care. Payments for these predicted expenses can be used for future surgeries, medical devices, equipment, injections, prescriptions, or long-term care facilities or nursing home centers.
The factors that courts consider when estimating future medical costs are wide-ranging and depend upon experts’ opinions and recommendations, including medical doctors. Your personal injury lawyer will help you keep track of your insurance claim or civil court lawsuit while building a strategy that seeks adequate compensation for your anticipated future medical expenses after a personal injury.
In This Post
In this article, I will cover how to prove future medical expenses, how they are calculated, and what you can do to protect your case from insurance companies that are trying to offer you less than what you deserve. If you need legal advice about a New Mexico personal injury matter specific to your situation, you should always speak with an attorney for guidance and insight.
How to Prove Future Medical Costs
The first step toward proving future medical costs is receiving treatment from a licensed medical doctor. He or she will diagnose and treat your accident injuries while providing follow-up care. It is imperative that you follow up on their medical advice to avoid jeopardizing your personal injury case.
Depending upon the facts and circumstances of your case, proving future medical costs hinges upon the following:
- The likelihood that you will need medical care in the future
- The type of procedures and treatment that you may need
- The cost of these recommended future procedures and treatments
- The causation between your accident and the need for future medical care
In addition to medical care, your doctor will also provide his or her opinion regarding your overall prognosis and outlook. Your personal injury attorney will use these medical recommendations to argue for an award that compensates you equitably for your future medical costs. In addition to your doctors’ opinion, an expert may also offer their formal statement regarding the necessity of obtaining damages related to future medical expenses.
How to Calculate Future Medical Costs
When establishing the cost of future medical care, your healthcare provider and its team will consider several factors. First, they will examine the severity and extent of the injuries from which you or your family member are suffering. In general, the more severe your injuries are, the more future medical care you will likely need.
The severity of Your Injuries
In addition to the severity of your injuries, your healthcare provider will look into the specific costs associated with the anticipated medical treatment you will need in the future. The estimation of these costs will vary according to the geographical region treating you. As such, it makes calculating future medical expenses an initial challenge for most injury victims.
Long-Term Care Needs
While your medical provider will consider short-term medical care, he or she will also consider the possibility of long-term medical care. The annual expense of a nursing home or long-term care facility is high, which means that it is critical to receive an award if you need this level of treatment and monitoring.
Written Medical Opinion
Once your medical provider establishes a financial number for your future medical care, he or she will put that information in writing to include as part of your demand to the insurance company, along with an opinion to justify the need. If your case ends up going to a judge or jury trial (and they rarely do), your lawyer will preserve evidence and present medical findings in court.
Related Article: Can You Get More Money After An Accident Injury Without A Lawyer?
Take to a New Mexico Personal Injury Attorney for Legal Advice
Grano Law Offices, P.C. will help you pursue a damages claim that accounts for your future medical expenses as recoverable. Please call my office at (505) 426-8711 or message us privately here for a Free Consultation.
