When you settle a car accident claim, you are closing the book on that chapter of your life. The settlement check you receive is the final and only compensation you will ever get for your injuries. This is a sobering reality, especially when you are dealing with a serious injury that will require medical care for months or even years to come. What happens if you need another surgery down the road? What if you will need physical therapy for the rest of your life? These are not just future worries; they are future costs, and you have the right to be compensated for them.
One of the most critical and often overlooked aspects of a serious personal injury claim is the recovery of future medical expenses. Insurance companies will fight tooth and nail to avoid paying for these costs, arguing that they are speculative. This is why it is so essential to have an experienced attorney who knows how to prove and recover the full cost of the care you will need for the rest of your life. This guide will explain how future medical expenses are proven and calculated in a Georgia car accident case.
What Are Future Medical Expenses?
Future medical expenses are any medical treatments, procedures, medications, or therapies that you will likely need as a result of your accident *after* your case has been settled or has gone to trial. This can include a wide range of care, such as:
- Future Surgeries: For example, if a doctor states that you will likely need a knee replacement or a spinal fusion in the next 5-10 years because of the accident.
- Ongoing Physical Therapy or Chiropractic Care: For chronic pain or mobility issues.
- Prescription Medications: The lifetime cost of pain management or other necessary medications.
- Medical Equipment: The cost of things like wheelchairs, braces, or modifications to your home.
- In-Home Nursing Care: For catastrophic injuries that require daily assistance.
These are not just numbers on a page; they represent the real, tangible costs of living with a permanent injury. Failing to account for these future expenses can leave an injured person in a devastating financial position years after their case is over.
How Do You Prove Future Medical Needs?
This is the central challenge in any claim for future damages. You cannot simply say that you think you will need a surgery one day. Under Georgia law, you must prove your future medical expenses with “reasonable certainty.” This requires clear and specific evidence, primarily from medical experts.
Building a strong claim for future medical expenses involves several key steps:
- The Testimony of Your Treating Doctor: The foundation of your claim is the opinion of your own doctor. Your attorney will work with your treating physician to get their professional opinion on what future care you will need. The doctor must be able to state, to a reasonable degree of medical certainty, that the accident caused your underlying condition and that you will require specific future treatments as a result.
- The Opinion of Medical Experts: In cases with very serious or complex injuries, your attorney may hire additional medical experts to review your case and provide an opinion on your future needs. This can be especially important if your treating doctor is reluctant to testify or if the insurance company’s doctor is disputing your need for future care.
- The Creation of a Life Care Plan: For catastrophic injury cases, the most powerful tool for proving future medical expenses is a life care plan. This is a comprehensive and detailed report created by a certified life care planning expert, who is often a registered nurse or a doctor. The life care planner will conduct a thorough review of your medical records, interview you and your family, and consult with your doctors to create a detailed, itemized list of every single medical need you will have for the rest of your life. This plan will include the cost of each item, from surgeries and medications to wheelchairs and therapy sessions. This document then becomes a roadmap for calculating the full value of your future medical damages.
Frequently Asked Questions (Q&A)
Q: How can a doctor know for sure what I will need in the future?
A: The legal standard is not absolute certainty; it is “reasonable medical certainty.” Doctors base their opinions on their experience, their knowledge of your specific injury, and the established medical literature on the long-term outcomes for similar injuries. They are providing their best professional judgment on what you are more likely than not to require.
Q: The insurance adjuster said they will only pay for the medical bills I have right now. Is that true?
A: No. This is a common tactic used by insurance companies to dramatically undervalue your claim. You are legally entitled to be compensated for all of your losses, both past and future. Do not let an adjuster convince you to accept a settlement that does not account for the care you will need down the road.
Q: What if I have health insurance? Won’t that cover my future care?
A: You should not have to rely on your own health insurance to pay for the consequences of someone else’s negligence. Furthermore, your health insurance company will have a right of subrogation, which means they have a legal right to be reimbursed out of your settlement for any bills they have paid. A proper personal injury settlement will account for all of your future medical needs so that you are not left with a mountain of co-pays, deductibles, and uncovered expenses in the future.
Don’t Settle for Less Than Your Future Is Worth
When you are living with a serious injury, your future medical needs are not a hypothetical problem; they are a real and pressing concern. An insurance company will do everything in its power to ignore these future costs and to get you to accept a quick, lowball settlement. An experienced personal injury attorney’s job is to look ahead, to anticipate your future needs, and to build a case that ensures you are compensated for the lifetime of care you will require.
If you have suffered a serious injury in a Georgia car accident, you need an advocate who will fight for the full value of your claim, both past and future. Contact us today for a free consultation with one of our dedicated personal injury attorneys. Let us help you secure the resources you need to face the future with confidence. Visit our homepage to learn more.