Injuries resulting from a car accident can often emerge or get worse over time. While you can receive compensation for future medical expenses in a settlement, there will be hurdles you will have to deal with. With the right approach and, most importantly, the recommendation of your physician, you may be able to secure your medical future following an accident.
If you have been involved in a car accident you should contact an experienced accident attorney as soon as possible. At Marks Law Group we have the experience and the knowledge needed to get the best result out of your car accident claim. Contact us today at (678) 251-9309 to schedule an appointment for a free initial consultation for your case.
Can I Be Compensated for Future Medical Expenses
Many accident victims want to know what will happen if their car accident injuries worsen over time. Car wrecks can and often do cause health problems in the future.
If you have been involved in an accident, it is important to know that Georgia law has a provision for compensation related to future medical expenses. The injured party will be required to establish the basis for payment based on future costs. Per Georgia law, “In all cases, necessary expenses consequent upon an injury are a legitimate item in the estimate of damages.” You, or ideally your injury attorney will need to establish two criteria:
- The future medical treatments are necessary.
- What the cost of the future medical expenses will be.
You Can Qualify for Payments for Future Medical Expenses
Catastrophic injuries can often leave you with lingering issues that can worsen as you age. Joint or spinal cord injuries, in particular, may not heal properly after the immediate injury and can continue to cause you problems throughout your life. Georgia auto accident law provides for you to recover compensation based on future pain, medical expenses, and financial loss.
In spite of this, insurance companies will often fight against providing compensation for future damages. In these cases, working with an experienced and dedicated car accident lawyer is your best path to securing a settlement for not just your current injuries, but also for the pain you may experience later in life, the treatment you will require, and the costs these will incur. Our talented attorneys at Marks Law Group will fight for your compensation with the professionalism and tenacity you deserve.
Determining the Cost of Future Medical Expenses
Your past and future medical treatment make up a significant portion of the compensation you may receive through a personal injury claim. Understanding how compensation for medical treatment is valued by an insurer is critical to negotiating a settlement.
Several factors must be considered when determining the value of future medical expenses, and we break them down below.
What Qualifies as Future Medical Care?
You have the right to recover compensation for all of your damages, including those you have not yet incurred. This compensation may cover:
- Follow up visits with a doctor
- Surgeries you may require in the future
- Prescription medication
- Physical therapy expenses
- Fees associated with rehabilitation services
- The costs of pain management treatments
- Assistive equipment necessary for your medical treatments
It's important to understand the factors that an insurer will consider when determining the value of a personal injury claim. Your age, health, life expectancy, the severity of your injury, and the cost of medical treatment you have already received are all factors that will be examined to reach the final figure.
As you progress through your healing, your needs as a patient may change. A personal injury attorney can help you gather evidence to show the future medical expenses are realistic.
Learn More: How to Maximise Compensation for an Injury Claim
What is the Value of Future Medical Costs?
Determining the value of future medical costs can be a difficult task. After all, you are setting a monetary value to something that hasn't happened yet. Many lawyers will wait until you have completed your initial treatment and been discharged before attempting to establish this value. Some may consider waiting until you have reached your maximum point of medical improvement before discussing the potential costs you may face in your future.
The value of your medical costs can be determined by your attorney with the assistance of health care providers and medical specialists. Your doctor may be able to help you determine your long-term care plans, including possible surgeries and how long you may require pain medication. If you suffer a disabling injury, a physical therapist can determine if you will require rehabilitation treatment. Your lawyer will prepare a settlement demand that takes into account this information and will request maximum compensation for the damages you have sustained.
Factors that can influence the value of your future medical costs can include:
- Are there alternative, more affordable health care options?
- The efficacy of current medical treatment can be used to determine if you will need further treatment in the future.
- How likely is your condition to devolve after a settlement agreement has been reached?
- Anticipated inflation rates
- Different methods of calculating values for future medical expenses
How Is This Impacted if the Case Goes to Trial?
The process of documenting both past and future damages at trial is the same, as the injured person is entitled to all damage suffered, not just damages that have taken place up until the time of the trial. Remember though that each case is different and the factors that determine the monetary value of an injured driver's damages are specific to that case.
In order to recover for future damages from a car crash, the injured person must prove to the jury that the damages will be more likely than not. Evidence to support claims will be required to meet this standard.
Compensatory damages, both future, and current, that can be recovered through personal injury claims can often be broken down into two broad categories:
- Economic damages that involve money that must be paid or money that is lost as a result of the accident (e.g. lost wages for missing work)
- Non-economic damages that concern pain and suffering and forced changes to lifestyle as a result of the accident.
How Do We Fight for Future Medical Damages?
In cases where a lifelong injury is involved, we will get a life care plan that will include the input of doctors, therapists, and life care planners to help plan for your future medical care. Using these expert medical opinions, we will then work to maximize the value of your claims case.
We will also get the medical experts to offer their input on what would happen if you were to go without this medical treatment to further solidify your claim. Lifecare plans and future damages claims are not designed to be a lottery win, but to provide compensation such that you are not forced to shoulder the weight of future expenses resulting from your accident as you age.
The alternative to the at-fault driver's insurance company paying damages and treatment places the burden entirely on the victim. That would mean you, your family, your insurance company, or a government-funded program being responsible for an incident that was fully outside of your control. If a doctor agrees that the treatment plan is necessary, you may be able to recover compensation.
Work With a Qualified Car Accident Attorney
Do not sign a release before speaking with your doctor and a car wreck lawyer if you are unsure as to the permanent harm from the car crash or if the insurance company disagrees with your need for future care. No more money will ever be paid if you sign the release, even if you face constant injury or need treatment as you age. It is important that you know your rights and make sure they are protected. You should not be responsible for someone else's negligence down the road.
Our talented team at Marks Law Group has over a decade of experience in working on cases like yours and is fully prepared to help you and your family fight for your legal right to compensation while you focus on a full and healthy recovery. From property damages to personal injury, we will help guide you through the legal action needed to secure your financial future. Call us today or book an appointment online to schedule a free case consultation and take the first steps toward recovering your losses.