Often times people ask if they can still be compensated for injuries even if they have had a car accident in the past. If this is you, it is so important to contact a lawyer for the car accident.
If you’ve suffered severe injuries in a car accident, you may be entitled to compensation for your injuries. Part of a settlement or jury award should be paid for expected future medical bills. The more serious your injuries, the bigger an issue this becomes.
Tyler Fleck can be your attorney for a car accident and obtain the compensation you need to get your life back together. Getting the right medical and rehabilitation care, now and in the future, is critical to recovery. If you’ve been injured in a vehicle accident and need a lawyer, call Tyler Fleck today (270) 446-7000 to learn more about your rights and how he can help.
You Need to Get All You Can From a Settlement Because There’s No Going Back
If another driver acted negligently and caused your injuries, they’re legally obligated to pay you damages, which is a way to measure the harm you suffered in dollars. Part of those damages is payment for future care you’ll need. Whether your case ends with a settlement or a jury verdict, after you obtain that amount from the other party’s insurance company, that’s it.
Insurance companies won’t agree to pay your medical bills on an ongoing basis. They want your claim closed with no additional future liability. As much as they don’t want to pay you money, they will if it means they can wash their hands of you. Because there’s no second, third, or fourth bite at the insurance apple, we need to, as best we can, predict your future treatment and rehab costs and make sure you’re covered.
In car accident cases, future damages can be awarded when there’s a reasonable expectation of a future loss due to the defendant’s negligence. It’s fairly easy to calculate past damages. You have medical bills, the cost to repair or replace your vehicle, and lost wages. Predicting future damages, though there’s some guessing, involves a scientific element. A claim for future damages without a basis in fact wouldn’t be permitted by a judge or paid by an insurance company.
Part of Expert Witness’ Job is to Predict the Future
The key to receiving an award for future treatment is expert medical testimony. You may think it’s obvious you were injured in the car accident and how it affected you. When making a claim against an insurance company, and especially in court, you need to connect all the dots. You can’t make any assumptions when you need to prove your claim.
You need to establish you were in the car at the time of the accident and were injured. A medical expert, because of their specialized education and experience, is qualified to give an opinion on the injuries you suffered. That opinion can include:
- The injuries you suffered in the accident
- The treatment you’ve received so far
- How far you’ve recovered
- Whether you’ll fully recover in the future and if not, how limited you’re expected to be
- How long it will take you to reach maximum recovery
- What medical and rehabilitation treatment you’ll need to reach that point
That expert, or another, can estimate what those costs will be. When predicting future medical treatment, the expert will consider your particular situation as well as what others in a similar situation have needed.
Projected Future Costs Need to be Paid
Future medical costs could include:
- Medical appointments: You may need to regularly see specialists for an extended period of time
- Hospital stays and surgeries: If surgeries will probably be part of your future, they may be as an outpatient or require you to stay at a hospital. That stay may be long or short
- Diagnostic Tests: As time passes, you may have lab tests, x-rays, CT scans, or MRIs to monitor your progress or as part of a pre-op procedure
- Prescription Medications: You may need pain medication or other treatments for an extended period of time
- Therapy and Rehabilitative Costs: Depending on your injury, you may need weeks, months, or years of physical therapy, vocational therapy, and psychotherapy to recover from your injuries
- Medical Equipment: You may need crutches, canes, boots, wheelchairs, and or a hospital bed in your home. You might use them a short time or for years
- Home Modifications: You may need a ramp to get in and out of your home, grab bars in your home, your bathroom retrofitted, or medical equipment installed
What’s the Next Step If I need a Lawyer For My Car Accident in Elizabethtown?
There are many reasons you should get legal help after you’ve been injured in a car accident. Your entitlement to future damages is one of them. Without an attorney, you may not know what compensation you can receive, how it’s calculated, and how to get the most possible. Without knowing your legal rights, you may agree to settle your case for far less than it’s worth.
Call The Fleck Firm for a free consultation at (270) 446-7000. We’ll talk about the accident, your injuries, the law, and your best options to proceed. Insurance companies have lawyers. You should have one too.