Licensed in Missouri and Kansas

Recovering Compensation for Future Medical Care

In most personal injury cases in Missouri, we wait until our clients have been released from medical care before we try and settle their case. This is because it is easier to obtain compensation for medical care that has actually happened. Missouri law permits recovery for past medical care that was necessary to treat an injury someone sustained in a personal injury accident. But sometimes there is no end in sight for a client's medical care. Sometimes because of the nature of the client's injury, medical care must continue indefinitely.

For example, a client can suffer a severe concussion and have post-concussion headaches indefinitely that require medicine to alleviate. Or, sometimes a client will need future surgery even after being released due to greater susceptibility to wear and tear. A fracture to a bone at a joint can lead to arthritis that will eventually require the joint to be replaced. For these situations, Missouri law allows for the recovery of future medical care. The need for the future medical care must be reasonably certain in order to obtain compensation for it.

Although this seems like a fairly easy standard, practically speaking, it's more difficult. First and foremost, you'll need the testimony of a qualified doctor that the future medical will be necessary. It is not enough to simply speculate that it will be necessary. You then have to put a price on that medical care. How much will it cost? Then you have to determine when it will be necessary so that how much it will cost in the future so that things like inflation and interest can be accounted for. Having these things will make the recovery of future medical costs more likely.

If you have been hurt in an accident and are wondering whether you will need future medical care, please do not hesitate to call our firm.