Can I seek compensation for my future medical expenses in a personal injury lawsuit in California?

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If you have been injured due to someone else’s negligence, you can file a personal injury claim to seek monetary compensation for your economic and non-economic damages. Sadly, people can suffer permanent injuries that negatively impact their lives. People often wonder whether they seek compensation for their future medical expenses. Please continue reading and contact our talented Santa Clara County Personal Injury Attorneys, who can help you fight for the rightful compensation you deserve.

What are future medical expenses in a personal injury case in California?

In a personal injury claim, you can seek monetary compensation for your economic and non-economic damages. Non-economic damages are subjective losses. These damages are more difficult to calculate as they are not tangible losses. Non-economic damages may include pain and suffering, loss of enjoyment of life, emotional distress, loss of consortium, inconvenience, and mental anguish. In contrast, economic damages are calculable losses. These losses can easily be calculated as any tangible, out-of-pocket financial loss. This includes medical bills, lost wages, lost earning capacity, household services, and rehabilitation therapy. That said, in a personal injury claim, you can seek compensation for your future medical expenses.

Future medical expenses are the costs that you will have to bear due to the long-term effects of your injuries that you are expected to endure after you have received a settlement. The following include but are not limited to some of the damages victims may be able to recover compensation for their future medical expenses:

  • Hospitalizations
  • Surgeries
  • Medications
  • Physical therapy
  • Assisted living costs
  • Diagnostic testing
  • Transportation assistance
  • And more

How are they calculated?

In a personal injury case, future medical expenses can be challenging to calculate as you are trying to place a value on something that hasn’t happened yet. However, attorneys often work with healthcare providers and lifecare planners to estimate the value of your long-term medical care needs. Typically, attorneys will use either the additional expense method or the total approach to calculate the value of an injured victim’s future medical expenses.

The additional expense method is used when victims are expected to maintain their former lifestyle after recovering. For example, if an individual breaks their arm in a slip and fall accident, they will likely recover within months. They will regain their abilities to maintain their former lifestyle before their injuries.

The total lifestyle approach is often used when victims suffer catastrophic and life-altering injuries that diminish an individual’s ability to continue living independently. Essentially, this approach is used when victims cannot maintain their former lifestyle. For example, suppose an individual is paralyzed after a spinal cord injury. In that case, the total lifestyle approach will be used to calculate their future medical expenses, as they will never be fully restored to their former state of health.

If you have been injured due to someone else’s negligence, contact an adept attorney from the Law Offices of Brian J. O’Grady today to discuss your legal options. Our firm is committed to helping our clients secure the fair compensation they deserve.