Can you recover future medical expenses in a Texas injury case?
Potentially. When future medical care is reasonably expected because of an injury caused by another party, future medical expenses may be claimed if they are proven under Texas law with sufficient evidence. The amount cannot be based merely on speculation; the anticipated treatment and its reasonable cost must be supported by the facts and appropriate evidence.
What Are Future Medical Expenses?
Future medical expenses concern healthcare expected after the claim is evaluated or tried, rather than treatment that has already occurred.
They can become important when an injury requires continuing treatment or creates permanent medical needs.
What Types of Future Care May Be Relevant?
Depending on the injury, future care might include:
- Physician and specialist visits
- Additional surgery
- Physical or occupational therapy
- Medication
- Diagnostic testing
- Injections or procedures
- Medical equipment
- Prosthetic or assistive devices
- Rehabilitation
- Attendant or support care in appropriate cases
How Do You Prove Future Treatment Will Be Needed?
Medical evidence is important. A treating physician or other qualified medical professional may address the prognosis and anticipated care.
A claimant should not simply assume that a possible treatment will occur. The evidence must satisfy the applicable legal standard.
How Are Future Costs Estimated?
Evidence concerning cost may depend on the type and complexity of the future treatment.
Serious cases can involve medical experts, life-care planning or other qualified evidence concerning anticipated needs and reasonable costs.
What Is a Life-Care Plan?
In some severe-injury cases, a life-care plan may organize anticipated medical and support needs over time.
Whether one is appropriate depends on the nature of the injury. A life-care plan does not replace the need for reliable medical foundations for the care being projected.
Why Can Settling Too Early Be a Problem?
If a claim is permanently settled before the medical prognosis is reasonably understood, later treatment needs generally cannot simply be added to the resolved claim.
This is one reason the timing of settlement can matter in cases involving unresolved medical issues.
What If a Doctor Says Surgery Might Be Needed?
The precise medical opinion matters. A possibility and a sufficiently supported future medical need are not necessarily the same thing for purposes of proving damages.
The medical evidence should be evaluated in context.
Can Future Medical Expenses Be Claimed Along With Other Damages?
A serious injury case may involve several distinct categories of alleged damages. Future medical expenses do not automatically replace claims involving past medical expenses, income losses or other legally recoverable damages.
For information about serious Texas injury claims, see the firm’s Dallas personal injury page and Fort Worth personal injury page.
Frequently Asked Questions
Can I recover for surgery I may need in the future?
Potentially, when the anticipated surgery and associated expense are supported by sufficient evidence under the applicable Texas legal standards.
Can future medical expenses be guessed?
No. A claim for future medical costs should be supported by evidence rather than speculation.
Do I need a life-care plan?
Not in every case. Life-care planning may be useful in certain serious or long-term injury cases, depending on the medical needs and disputed issues.
Why should future care be considered before settlement?
A settlement generally resolves the covered claim, so significant reasonably anticipated future treatment should be understood before final resolution.
Facing Long-Term Medical Treatment After an Accident?
The Piri Law Firm can evaluate medical evidence, anticipated care and other damages issues in a serious Texas personal injury case.
This article provides general information and is not legal advice. Future medical damages require proof under the law applicable to the particular case.
