Some car crash victims’ injuries heal before they settle their insurance claims. If the healing process will not conclude before the settlement, or if the victim has a permanent or long-term injury, the settlement needs to account for that. But how do you determine how much compensation you may need for ongoing treatment?
This is a loaded question because there are so many factors to consider. For example, the type of injury and its severity will have a significant impact on the value of future medical expenses. Your lawyer must also consider how you respond to treatment and the type of treatment doctors are recommending.
At Galloway Jefcoat, we know how important it is to recover full compensation for an injury suffered in a car crash. For more than two decades we assisted car crash victims in the pursuit of compensation for medical expenses and other damages. Our attorneys have recovered millions on behalf of clients injured in a wide variety of accidents.
Types of Car Crash Injuries That May Require Long-Term Medical Treatment
Many different injuries may need ongoing medical treatment. For example, brain and spinal cord injuries require ongoing treatment. Either one of these injuries can be life-changing, as victims may suffer paralysis, chronic pain, mental health issues, changes in behavior, trouble with bowel and/or bladder control, and more.
Other car crash injuries that may create the need for ongoing medical treatment include:
- Severe burns
- Limb amputations
- Severe fractures
- Back injuries
- Head injuries
- Internal organ damage
- Severe whiplash
- And more
The severity of an injury can be unique for each victim. Even though two people may have a similar diagnosis, one victim may not recover as quickly as another. Some people may have preexisting injuries that were aggravated in the crash. This can make the recovery take longer and may result in more medical expenses.
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Future Medical Expenses You May Have
Crash victims may need a wide variety of ongoing medical treatment after settling their insurance claims. For example, victims may need compensation for future stays at the hospital. They may need another surgery at some point. Some other examples of future medical expenses may include:
- Prescription medications
- Occupational therapy
- Appointments with doctors
- Counseling for mental health issues like depression or anxiety
- In-home care
- Rehabilitation
- Medical testing
- Cost of modifying your home or vehicle to accommodate your disability
The care you may need will depend on many factors, such as your diagnosis. Some of the medical care you may get can help improve your quality of life. In other words, some care will not help your injuries to heal because some injuries may never fully heal. That said, some treatment could improve your mobility or help lessen chronic pain.
Proving the Value of Future Medical Care
There are different methods for calculating the value of future medical expenses. There is no way to know exactly how much your future medical expenses will cost because you have not accrued these expenses yet. Your attorney must evaluate what your treatment needs and assign a value to them.
Insurance Company Methods
Insurance companies are notorious for undervaluing future medical bills. Even if they do offer compensation for these expenses, it is likely to be a lowball offer.
Sometimes insurance companies have formulas they use to calculate these expenses. However, these formulas are devised by insurance companies, so they are sure to be biased in favor of their interests. Insurance companies tend to assume certain injuries do not need that much compensation. They may even argue that you do not need much compensation for future medical bills because some people spontaneously heal.
Total Lifestyle Method
This is a method some attorneys use to calculate the value of future medical bills. Attorneys work with your doctors and potentially other medical experts to determine the treatment you will need to have the best quality of life. This is also referred to as developing a life care plan.
This method is often used when the victim will never return to his or her pre-accident level of physical or cognitive activity.
Additional Expense Method
Some victims are expected to recover but it will take a long time. They will not reach their pre-accident state of health until after their claim has been settled.
In these situations, attorneys may use the additional expense method to determine the value of ongoing medical expenses. They will determine the additional expenses you may accrue after your claim has concluded.
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Evidence Your Attorney May Need
Your attorney will need strong evidence to justify the need for compensation for ongoing medical bills. He or she will need a detailed treatment plan from your doctors. The plan should explain why you need the treatment and the potential benefits of the treatment.
Your attorney may also need to bring medical experts to help further explain your treatment needs, particularly why these treatments are standard practice and how they may improve your quality of life. Experts can also explain what caused your injury and why you are not expected to fully recover, or why your recovery may extend beyond the settlement of your case.
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Contact Galloway Jefcoat to Discuss Your Crash
If you were injured in an auto accident and another driver is at fault, you should seek assistance from an experienced Lafayette-based vehicle crash lawyer as soon as possible. Important evidence could be lost if you do not act quickly, and it takes time to build a strong case.
At Galloway Jefcoat, you do not need to be concerned about costs. There are no upfront fees with our services and the initial meeting with a lawyer is free.
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