When you make a claim for personal injuries, your damages include things like medical expenses you already incurred and time you already missed from work. What you may not know is that your claim includes damages that you are likely to incur in the future.
What types of future damages are we talking about? Future damages can include things such as lost wages and future medical expenses. While it may be hard to think about the future when you have suffered a serious injury – you must think ahead. It is important to see the right professionals to assess your future needs to have the evidence needed to prove you are entitled to these future damages. This is critical when you suffer a catastrophic injury.
Future medical expenses are different than past medical expenses in terms of the proof you need. When it comes to past medical expenses, the issue is pretty cut-and-dry. There are actual medical bills that the responsible party must reimburse. Future medical costs are more difficult to prove because you need to establish that the injuries are traumatic enough to warrant payment for these expenses. Then you must demonstrate that the medical treatment is likely to occur as well as proving the expected cost of the treatment. When the future expenses are substantial, the damages calculation may require expert testimony from an economist or a medical cost specialist.
We all know the future is uncertain, future damages could be higher or lower than predicted. The law does not require certainty, it requires that you prove the future damages are likely. The only certainty is that a personal injury claim will be your only chance to receive compensation for the costs you may face down the road. If you do not ask for it now, you will never get it.
How do you prove future medical expenses? Below are just a few of things you would need to show to prove you’re entitled to future medical costs:
- Medical records and expert testimony that establish the extent of your injuries and the need for further medical care.
- Testimony from medical experts that details exactly what your medical needs are now and what they are likely to be in the future.
- Evidence of the proper course of care for your injuries.
- Economic testimony that demonstrates the present value of those future medical costs and how inflation may impact the cost of that care.
Once your entitlement to future medical costs has been established, what can you expect? What can you possibly recover as part of your claim?
- Home medical care or nursing care.
- Cost of future surgeries or additional medical procedures.
- Payment for healthcare provider visits and prescription medications.
- Physical therapy costs.
At Weinstein & Cohen we will work with you, your medical providers and the economic experts to establish your damages in the past and into the future to make sure you get the compensation you deserve.
Our experienced Miami and Naples accident attorneys at Weinstein & Cohen will put your priorities first. If you or a loved one has been injured or involved in an accident across South Florida or Southwest Florida, contact the accident lawyers and Miami and Naples personal injury attorneys at Weinstein & Cohen at 305-374-1011 or 239-793-3331. Or visit fairnessforall.com for an absolutely free legal consultation to learn more about your options.
