In a Personal Injury Lawsuit, What Constitutes Medical Expenses?

In California, if you’ve been hurt in an auto, slip & fall, motorcycle accident, etc., and your injuries were due to another’s negligence, you may be entitled to recover needed medical expenses by filing a personal injury lawsuit.

In most personal injury lawsuits, current (and future) medical expenses usually comprise a significant portion of the damages you seek.

Therefore, it’s vital that you fully comprehend what medical expenses for personal injury claims may be reimbursable so that your experienced personal injury lawyer can maximize your compensation.

In a personal injury lawsuit, medical expenses are any costs related to the medical treatment you receive that are considered and proved to be accident-related.

Some examples of the types of costs that may be covered are:

  • Treatment at the scene, emergency transportation to the hospital, ER treatment, and more.
  • Any hospital charges related to your accident injuries.
  • Doctor, surgeon, and specialist fees.
  • Costs for diagnostic testing, such as x-rays, MRIs, CT scans, etc.
  • Physical therapy that’s needed for your recovery.
  • Prescription medications needed for your care.
  • Medical equipment and supplies, ongoing supportive therapies, and more.

Simply put, almost all healthcare services are required to diagnose and treat the injuries caused by your accident.  

You should note, however, that many times, proving and calculating the entirety of your current and future medical expenses can be complex, and the professional help, advice, and compassionate guidance of your Southern California personal injury lawyer will be invaluable.

How Can My Lawyer Prove That My Medical Expenses Were Needed?

Additionally, in California, you can only claim medical expenses you received due to your accident. Any excessive, unnecessary, or unrelated treatment you received will likely not be reimbursable.

So, your personal injury lawyer must prove that your medical expenses are reasonable and necessary for your care. To prove your case, your personal injury lawyer may use evidence such as:

  • All current medical records that connect your treatment to your accident injuries.
  • Physician, hospital staff, and technical testimony stating that your care was necessary.
  • Expert testimony that may address the standard of care you received.
  • That all your treatment is consistent with well-established medical protocols, nothing “out of the ordinary,” and more.

Using the proper documentation and witness testimony, your skilled and thorough personal injury lawyer will show that all your treatment was essential to diagnose and treat your injuries. This proof will strengthen your claim for monetary damages to cover the medical costs you incurred.

However, you must note that all medical expenses are categorized as either past, current, or future.

The past medical expenses you have already incurred from your accident to the present are often more straightforward to calculate using billing statements, insurance paperwork, provider records, etc.

However, future medical expenses are far more challenging to calculate, as they are projected costs you must pay after your case is finalized. These future costs can be significant, including treatment for the rest of your life.

Some examples of future medical costs are:

  • Ongoing or life-long doctor’s appointments.
  • Physical therapy and prescription medications.
  • Medical devices to assist you for months or even decades.
  • Home healthcare and support.
  • Further surgeries and hospitalization.
  • And possibly even long-term care facility costs.

Estimating and calculating future medical expenses can be legally challenging and often requires expert testimony from healthcare providers who will address your prognosis and, realistically, all the future treatment you may need.

Although your current medical costs may be high, future medical costs can be even more significant. Proving the future amount needed to maintain your health after your accident is one of the most critical aspects of any personal injury case. Therefore, you must have a personal injury lawyer with a winning history, skills, experience, and knowledge to get what you and your family need.

How May My Lawyer Calculate Any Future Medical Expenses I Need?

A skilled, experienced, and knowledgeable personal injury lawyer understands how to estimate future medical expenses. Of course, much depends on your medical condition and its details.

Remember that all insurance companies differ, but generally, future medical expenses are almost always considered more speculative than actual expenses you’ve incurred, as subjective damages such as “pain & suffering” could be included.

Medical events are unexpected, both positive and negative, and predicting one’s future medical condition is always somewhat speculative.

That said, your well-versed, thorough, and detail-oriented personal injury lawyer understands insurance companies are more likely to agree to compensate you for what “is” rather than what “might be.”

Generally, though, the two most common methods of calculating future medical expenses are:

  • A total lifestyle approach – This method assumes that even after significant treatment, you may never reach your pre-accident level of health and function. In this case, your lawyer would create a “life care plan” with the help of your healthcare provider. Using this plan, they will calculate the compensation needed to maximize your lifestyle throughout your entire life.
  • An additional expense method – This method calculates your future medical expenses if you have a temporary medical condition but are eventually expected to recover. Your lawyer will total these additional expenditures and develop a realistic total claim for your future medical expenses. This method can be tricky, and the experience of your personal injury lawyer will play a significant part in ensuring that you and your family have enough funds to meet your future needs.

Your empathetic and experienced personal injury lawyer will work with you, your doctors, and the insurance company to ensure any future expenses you might have will be covered. Here, your lawyers’ well-honed negotiation skills will prove invaluable in determining a final positive outcome.

What Are Some Examples of Future Medical Costs I May Need to Cover?

You might not be aware, but most personal injury cases are resolved through settlement. This is commonly the best way to resolve your case rapidly and is usually in your best interest.

It’s wise to remember that no two patients (or cases) are alike. Your doctor may understand the medical details of your case better than anyone else, and your lawyer will enlist their help in estimating the timeline for your recovery and the general outline of what kind of continuing care you might need.

Using professional expert testimony and more, your aggressive and committed personal injury lawyer must prove a causal connection between your injuries and the likely future medical expenses you will incur.

Future medical expenses can be numerous, but usually include:

  • Hospitalization and more surgery.
  • Diagnostic testing and medications.
  • Mental health treatment and follow-up care.
  • Rehabilitation, therapy, and medical equipment.
  • Nursing home expenses or home modifications, etc.
  • And more.

I’ve Had an Accident and Need Significant Care; How Should I Proceed?

When you’ve had a car accident, slip & fall injury, or any injury caused by another’s negligence, your medical bills often account for much of a personal injury settlement or compensation.

A severe injury can be life-changing, and often, the funds you are awarded will affect months, years, or more of your and your family’s financial future.

Therefore, the personal injury lawyer you work with is critical to obtaining the total compensation you need and deserve.

For over 28 years, The Paris Law Firm has successfully represented victims of injuries caused by other parties’ negligence. They are highly skilled and well-versed trial lawyers who will take the time to honestly know you, your family, and the most minor details of your case.

Call them today at 909-325-6185 to discuss your case fully and get your life and family back on track.