How Future Medical Expenses are Compensated in an Injury Claim

Future medical expenses can be difficult to calculate in an injury case. The best way to determine how much your injury case is worth is to evaluate at how your insurance company will value your claim. Your insurance company will examine the types and amounts of damages and also look at percentage of fault.

A Review of Damages

The types of damages an insurance company will typically pay for may include, but will not necessarily be limited to the following:

• Medical Expenses. These may be incurred to treat an injury. Doctor’s visits, hospital stays, emergency room costs, chiropractic fees, dental bills, prescriptions, physical therapy, and any other type of medical devices that may be needed for your recovery. Medical expenses may be used to determine the reasonableness of your damages award.
• Future Medical Expenses. These are recoverable if an injured party proves that he is likely to need continued medical care as a result of the accident. The advice and opinions of doctors and other medical professionals can be used to come to a calculation. Future medical expenses by their nature are going to remain speculative.
• Pain and Suffering. Pain and suffering damages may be awarded for pain resulting from an accident. A trier of fact will look at the nature of the injury, the severity of pain, and how long the pain is likely to continue to determine the amount to award. (See also should you get future medical expense and pain and suffering from a car accident).
• Other Damages. You may be entitled to recover for mental anguish, lost wages, lost earning capacity, loss of consortium and other damages you incurred as a result of your recent accident. (See also Future medical expenses compensated in a car accident).

Insurance Coverage

The amount you receive will be limited by your coverage unless another party is at fault and your claim is being handled through their insurance agency or through the legal system. It is possible to exceed the amount for which you are insured in these instances. If your insurance agency offers to provide you with an attorney, make sure that your interests are adequately represented. It may be necessary to hire separate counsel.

Getting Legal Advice

An attorney can advise you of your likelihood of being compensated for future medical expenses. Accident injury law requires comprehensive knowledge of the law and negotiating skills. You can consult with an attorney in privacy and get help with your legal concerns and questions. An attorney will advise you of your rights to compensation, the statute of limitations and other legal information that may be vital to your case.