You can sue for future medical expenses. But just like every aspect of an injury claim, damages must be proven. So you will have to show why — based on the information available now and actuarial calculations about future costs — you will need the amount of money you are seeking for your healthcare needs down the line.
Proving damages in any case — whether personal injury, products liability, or medical malpractice — is a complicated matter. Your lawyer will be able to explain how it works precisely when applying the facts of your case. But here is a general view of a claim for future medical expenses.
How Do You Prove Damages?
After a plaintiff proves that their injury was caused by another who had a duty of care that was breached, it’s time to show damages, or compensable harm. The plaintiff shows this based on an expert’s projections of the future expenses.
Damages can cover concrete notions like current and future medical expenses and more abstract harms, like pain and suffering. When a plaintiff wants to show prospective healthcare needs, an expert witness — a doctor or maybe several — must testify about the injury and typical treatment, as well as apply the facts to the specific situation.
What Happens to Future Medical Expenses?
Future medical expenses are often held in trust for plaintiffs. These can be set up by a lawyer. Depending on the details of your case, a trustee will be appointed to approve expenses and ensure that the trust is not abused. Because this money has been allotted to care for the plaintiff’s future expenses, it is critical that the money be available for the proposed purpose.
Talk to a Lawyer
If you have been injured in an accident, by a product, or due to medical malpractice, you may qualify for future medical expenses. Talk to a lawyer about your claim and find out what damages may be available to you. It costs nothing to consult.
- Have an injury claim? Get your claim reviewed for free. (Consumer Injury)
- Worksheet of Damage Calculations (FindLaw)
- Medical Malpractice Directory (FindLaw)
- Product Liability Directory (FindLaw)
Originally Seen On: http://blogs.findlaw.com/injured/2015/12/can-i-sue-for-future-medical-expenses.html