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Ideally, a personal injury plaintiff will have completed their post-accident medical care before their personal injury case concludes, so their attorney can accurately calculate economic damages based on their actual medical bills. However, in many Florida personal injury claims, the plaintiff may need ongoing medical care, sometimes for the rest of their life.
Future medical expenses are a critical part of many people’s personal injury lawsuits, and how they’re calculated can make the difference in whether the injured victim receives the life-saving care they require. People who are now disabled, suffered severe brain trauma, or otherwise cannot live independently, rely on the compensation they receive to pay for their future medical treatment.
Recent changes in Florida personal injury law, specifically those under House Bill 837, may impact the amount you can recover for future medical care. Because of these changes, it’s important to consult with an experienced West Palm Beach personal injury lawyer to help you have the best possible chance of full and fair future damages.
The importance of fair future medical damages in personal injury claims
Many personal injury victims require continuous medical and personal care, physical and occupational rehabilitation, and even home modifications or assistive equipment to support independent living. The lifelong cost of care for these seriously injured victims can easily top $1 million. If the personal injury settlement doesn’t account for future medical costs, it can be difficult for the victim to pay for their care.
Cases involving spinal cord injuries and paralysis, traumatic brain injuries that lead to cognitive decline, and birth injuries that result in permanent disability can have significant future medical costs. Even people who will require future surgery or intensive physical therapy to learn to use prosthetic devices or mobility aids for permanent disabilities may claim compensation for future medical care.
Factoring in the cost of future medical needs is essential for victims like you to have the care you need and a good quality of life.
How to calculate future medical costs
Unlike past medical expenses, which are fairly easy to quantify, future medical needs are much more difficult to tabulate. Your lawyer, the defendant’s lawyer, and their insurance company must rely on the testimony of economic analysts, medical experts, and life care planners to arrive at a fair amount for the plaintiff.
Medical experts, usually reputable physicians and specialists in the type of injuries the plaintiff suffered, assess the severity of the plaintiff’s injury and recommend the type of future medical care they’ll need. Part of the evaluation includes determining the need for physical therapy or rehabilitation and additional surgeries or medical procedures. Medical experts may also be needed to explain the limitations the plaintiff now has, due to the extent of their injuries.
A life care planner curates a detailed estimation of the frequency and cost of the medical care the medical experts recommend, including therapy and medications. They also calculate the cost of assisted living or in-home care, plus the need for modifications to the home and durable medical equipment, like a wheelchair or prosthetic.
Medical costs increase over time, and the plaintiff may develop complications that the medical expert didn’t foresee. Because of this, the input of economists is necessary to adjust the estimates from the medical experts and life care planners to account for changes in the cost of healthcare and inflation in general.
Can you sue for future medical expenses?
A lot goes into calculating future medical damages for plaintiffs, and even with the best expert input and advice, the plaintiff’s attorney and defense attorney often come to two wildly different proposed amounts. That being said, under Florida tort law, plaintiffs in personal injury claims have the right to demand compensation for medical care they may need in the future.
Florida House Bill 837 has a significant impact on the actual settlement that plaintiffs receive. Under this new law, plaintiffs can recover:
- The amount that the plaintiff’s health insurance would have allowed if insurance were available
- The amount a medical care provider sold its right to collect, per their letter of protection
- The amount the plaintiff would have paid out-of-pocket (co-pays, co-insurance, etc.) under the health insurance they had available
- 120% of the Medicare allowable amount or 170% of the allowed Medicaid amount, if the plaintiff participates in one of these programs or if they’re uninsured
Plaintiffs can also claim compensation for reasonable payment amounts for medically necessary services and procedures. Because future medical damages are often contested, it’s critical to be represented by a personal injury lawyer experienced in recovering these costs.
Get help calculating future medical expenses after an accident
If you’ve been injured in an accident and face the burden of future medical care, you don’t have to navigate the legal process alone. Calculating future medical expenses is complex, especially under Florida’s new laws, but working with an experienced personal injury lawyer can make all the difference.
At Lytal, Reiter, Smith, Ivey & Fronrath, we help injury victims accurately estimate future costs and fight for the compensation they deserve through a carefully calculated personal injury claim. Contact us online today or call us at (561) 655-1990 to schedule a free consultation.