A person who experiences a severe personal injury may require medical care and treatment for the rest of their lives. Calculating the cost of future medical care is one of the most challenging issues when resolving a claim for personal injuries. The experienced personal injury attorneys at Muth Law, P.C., can help you calculate and secure compensation for the cost of future medical care so you receive the treatment you need for the rest of your life.

In Michigan, no-fault insurance should cover all reasonable and necessary medical care and treatment, including long-term medical care, rehabilitation, home nursing care, ongoing therapy, and assistive devices. Individuals with unlimited personal injury protection (PIP) could receive lifetime coverage for these expenses. However, most insurance policies include coverage limits, which could leave you responsible for the cost of future medical care.

Understanding the Scope of Future Medical Care and Treatment

Not all personal injury victims require compensation for future medical expenses, as many people regain full function and will not require ongoing medical treatment after their claim is resolved. However, in cases of severe and catastrophic injuries, injured individuals may require future medical care and treatment or rehabilitation services. In these situations, their compensation must reflect the cost of future medical bills to ensure they are not responsible for the cost of future treatment.

When you sign a settlement agreement in a personal injury case that involves the cost of future medical care, you essentially must predict the future. Because you cannot re-negotiate the terms of the settlement, your calculations must account for every surgery, prescription, therapy session, and home modification you will need for the rest of your life. If you make a mistake, the financial burden shifts from the at-fault insurance company to you and your family. Because the settlement agreement is final, there are no “do-overs” if funds run out.

What Are Examples of Future Medical Expenses?

Future medical expenses include any reasonable and necessary expenses related to the person’s injuries. Examples of future medical expenses include:

• Future surgeries, such as hardware removal, joint replacements, spinal fusions, or reconstructive surgeries. This figure should reflect the surgeon’s fee, anesthesiology costs, operating room charges, and postoperative hospital stays.
• Rehabilitative therapy, such as long-term physical therapy, occupational therapy, or speech therapy. The projected cost should include sessions with specialists as well as stays at rehabilitation centers.
• Prescription medications for pain management, muscle relaxants, anti-inflammatories, anti-depressants, and other specialty drugs.
• Medical equipment, including the purchase and replacement cost of items such as wheelchairs, walkers, crutches, hospital beds, oxygen equipment, braces, and other specialized items.
• Diagnostic monitoring, which may include the cost of appointments, laboratory tests, and advanced imaging such as MRIs, CT scans, X-rays, or ultrasounds.
• Home and vehicle modifications, such as the cost of making a residence accessible by installing wheelchair ramps, widening doorways, installing grab bars, modifying bathrooms, or installing elevators or lifts, as well as the cost to modify or purchase a vehicle to include hand controls or wheelchair accessibility.
• Attendant care, such as at-home nursing assistance, personal aides, or residential care facilities.

How Attorneys Calculate Future Medical Expenses

Lawyers typically work with physicians, rehabilitation specialists, life care planners, and financial experts to estimate the cost of future medical care. The projection must account for surgeries, follow-up visits, medical equipment, prescription drugs, and more.

Testimony from medical experts is required to connect the injuries to the medical care an injured person will require in the future. These experts review medical records, conduct examinations, and provide written opinions that describe proposed treatment plans and anticipated costs. They should address the cost of long-term care and treatment, as well as inflation and other factors that may affect the future cost of medical expenses.

Medical professionals can create a life care plan that identifies the care and services an injured person will require over the course of their lifetime. It should account for the injured person’s age and life expectancy, the severity of the person’s injuries, any preexisting conditions that were aggravated by the injury, and the cost of inflation.

Structured Settlements vs. Lump Sum Payments

For individuals who will require lifelong care, a structured settlement can provide a steady stream of financial support. Instead of a single lump sum payment, a structured settlement allows the injured person to receive regular payments over time. These payments can be used to pay for long-term care, medication, and equipment costs. A structured settlement may offer tax benefits and predictable income, which can make budgeting easier. Your attorney can advise you on whether a structured settlement or a lump sum payment is more advantageous in your situation.

How the Personal Injury Attorneys at Muth Law Can Help

Securing full and fair compensation for future medical expenses after a severe injury requires that you prove that the future medical expense is related to your injuries. Because future medical expenses are projected costs, establishing them is more complicated than presenting existing bills. Our personal injury attorneys can gather the evidence necessary to prove future medical expenses, and present it in a compelling way designed for maximum efficacy. Drawing on information from your doctors, your medical treatment history, and testimony from experts and life care planners, we can help you secure the compensation you deserve.

Contact Muth Law Today

The personal injury attorneys at Muth Law have decades of experience representing people who were hurt in accidents that were not their fault. We work with clients in Ypsilanti, Ann Arbor, Washtenaw County, and throughout Michigan. Please contact us to schedule a free, confidential consultation to discuss your automobile accident injury matter. Call 734-481-8800 or contact us via e-mail. We look forward to serving your family.