Proving Future Medical Expenses After an Accident in Pennsylvania

An accident can change your life in an instant. Beyond the immediate pain and recovery, you might face the difficult reality of needing medical care for years to come.

When you are hurt because of someone else's negligence, you have the right to seek compensation for all your injuries. This includes not only the medical bills you have already paid but also the costs of care you will need in the future. Proving these future medical expenses can be complex, but it is a vital part of ensuring you receive full and fair compensation.

Understanding Future Medical Expenses in Pennsylvania

Future medical expenses refer to the costs of any medical treatment, care, or rehabilitation you will likely need due to your injuries after your personal injury accident. This can include a wide range of things, such as:

• Ongoing doctor visits and specialist consultations
• Physical therapy, occupational therapy, or other rehabilitation services
• Surgeries that may be needed later
• Prescription medications
• Medical equipment, like wheelchairs or prosthetics
• Home health care or long-term care
• Psychological counseling

In Pennsylvania, the right to recover these future costs is part of your overall damages. These damages aim to make you whole again, as much as money can. Since these costs are in the future, they are not yet known. This means we must prove to an insurance company or a court what those costs are likely to be.

The Pennsylvania Legal Basis for Recovering Future Medical Expenses

In Pennsylvania, the law allows accident victims to recover damages for both past and future medical expenses. While there isn't one single statute that spells out "future medical expenses" in detail, these costs fall under the broader category of damages for bodily injury. The framework for these damages is well-established through case law. The goal is to compensate the injured person for all losses directly caused by the negligent party.

To successfully claim these damages, we must show that the future medical care is:

1. Reasonably necessary: The treatment must be needed to address the injuries you suffered in the accident.
2. Reasonably certain to occur: It's not enough to say you might need care; there must be a strong likelihood based on medical evidence.
3. Reasonable in cost: The projected costs must be in line with typical charges for similar medical services.

How Are Future Medical Expenses Proven?

Proving future medical expenses requires clear, objective evidence. It is not just about what you feel you might need. We rely heavily on the opinions of medical experts to establish these claims.

Medical Experts and Their Testimony

The most important part of proving future medical expenses comes from your treating physicians or other qualified medical specialists. These experts can include:

• Your primary care doctor
• Orthopedic surgeons
• Neurologists
• Physical therapists
• Pain management specialists
• Life care planners

These medical professionals will evaluate your current condition, review your medical history, and consider the nature of your injuries. They will then provide an expert opinion on the type, duration, and cost of future medical care you will need. This opinion is typically presented through written reports, medical records, or testimony in court.

Life Care Plans

For more severe injuries that require extensive long-term care, a life care planner may be used. A life care planner is a specialized professional who assesses all your future medical and personal care needs. They create a detailed report, called a life care plan, which outlines all anticipated future expenses. This plan can include:

• Future medical treatments and surgeries
• Rehabilitation services
• Medications
• Medical equipment (e.g., adaptive devices, hospital beds)
• Home modifications (e.g., ramps, wider doorways)
• Attendant care or nursing services
• Vocational rehabilitation if you cannot return to your previous job

The life care plan provides a comprehensive and detailed projection of costs, making it a powerful piece of evidence.

Economic Experts

Once a life care plan or medical report outlines the future costs, an economic expert may be brought in. Their role is to calculate the present-day value of those future expenses. This is important because money paid today for future costs needs to account for factors like inflation and interest rates. They make sure the amount you receive today is truly enough to cover your future needs.

Evidence We Gather to Support Your Claim

To build a strong case for future medical expenses, we gather and present various types of evidence:

• Detailed Medical Records: These documents show the extent of your injuries, the treatments you have already received, and the ongoing nature of your condition.
• Physician Reports and Prognoses: Your doctors' written statements about your future medical needs, including estimated timelines for recovery and potential complications.
• Expert Witness Testimony: As discussed, this includes testimony from treating physicians, specialists, and life care planners.
• Medical Bills and Receipts: While these primarily show past expenses, they help establish a pattern of care and the typical costs involved.
• Journals and Diaries: Your personal records of pain, limitations, and daily struggles can support the need for ongoing care by illustrating the impact of your injuries.

The Role of Medical Certainty

Pennsylvania law generally requires a "reasonable degree of medical certainty" when proving future medical expenses. This means that a medical professional must state that it is more likely than not (typically over 50% probability) that you will need the described future care. They cannot simply say it's possible or probable; they must be reasonably certain.

For example, if your doctor testifies that there is a "significant risk" you will need knee replacement surgery within the next five years due to your accident injuries, and provides a basis for that opinion, this can be enough to recover those future costs. They must explain why they are reasonably certain, such as through diagnostic imaging, physical examinations, and their medical experience with similar injuries.

Statute of Limitations

It is crucial to remember that you have a limited time to file a personal injury lawsuit in Pennsylvania. This is known as the statute of limitations. For most personal injury claims, including those involving future medical expenses, you generally have two years from the date of the accident to file your lawsuit. This is set forth in 42 Pa. C.S. § 5524. If you miss this deadline, you may lose your right to seek compensation, including for future medical care. Contacting a lawyer quickly is important to protect your rights.

What to do next

If you have been seriously injured in an accident and anticipate needing ongoing medical care, gather all your medical records and consult with an experienced personal injury attorney in Pennsylvania. They can help you understand your rights and the steps needed to prove your future medical expenses.

Serving injured Pennsylvanians in: Philadelphia · Pittsburgh · Harrisburg.

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Frequently Asked Questions

What kinds of future medical expenses can I claim after an accident?

You can claim costs for ongoing doctor visits, physical therapy, future surgeries, medications, medical equipment, and even home care services related to your accident injuries. These are all part of making you whole again after someone else's negligence.

Do I need a doctor to prove my future medical expenses?

Yes, medical professionals are key. Your treating doctors or specialists will provide expert opinions, reports, and possibly testimony about the specific care you will need in the future and why it is necessary due to your accident.

What is a life care plan and why is it important?

A life care plan is a detailed report created by a specialized professional that outlines all anticipated future medical and personal care needs for severe injuries. It provides a comprehensive projection of costs, serving as strong evidence in your claim.

How does an attorney help with future medical expenses?

An attorney helps by identifying the right medical and economic experts, gathering necessary evidence, and presenting a compelling case to insurance companies or in court. We ensure all potential future costs are accounted for in your claim.

Is there a time limit to claim future medical expenses in Pennsylvania?

Yes, in Pennsylvania, most personal injury claims, including those for future medical expenses, must be filed within two years of the accident date. This legal deadline is called the statute of limitations, found in 42 Pa. C.S. § 5524.

What does 'reasonable degree of medical certainty' mean?

This means your medical experts must state that it is more likely than not (over 50% probability) that you will need the specific future medical care they describe. It goes beyond just a possibility; there must be a strong medical basis for their opinion.

Serving injured Pennsylvanians in: Philadelphia · Pittsburgh · Harrisburg.