Future Medical Expenses: How They Are Calculated

Why do future medical expenses matter? A serious injury from a car accident, slip and fall, or other incident caused by someone else’s negligence can turn your life upside down. Beyond the immediate pain and disruption, you may face a long and uncertain road to recovery. One of the most significant concerns for many accident victims is the prospect of ongoing medical expenses. Will I need more surgery? Will I require physical therapy for years to come? How will I afford the medications and medical equipment I’ll need?

In Mississippi, if you’ve been injured due to someone else’s negligence, you are entitled to compensation not only for your past medical expenses but also for your future medical expenses.

Future medical expenses are reasonably likely to be incurred after your case settles or goes to trial. Calculating these future costs accurately is crucial to ensuring you receive a fair settlement that covers your long-term needs.

The Gardner Law Group, with offices in Pascagoula and Biloxi, has extensive experience helping Mississippi accident victims recover full and fair compensation, including future medical expenses. Call us at 228-436-6555 or contact us online for a free consultation.

Why Future Medical Expenses Matter

Future medical expenses are often a substantial portion of a personal injury settlement, particularly in cases involving serious or permanent injuries. These expenses can encompass a wide range of medical needs, including:

Future Surgeries: Some injuries require multiple surgical procedures, often spaced out over time.
Rehabilitation and Therapy: Physical therapy, occupational therapy, speech therapy, and psychological counseling can be necessary for months or even years after an accident.
Medications: Pain medication, anti-inflammatory drugs, anti-depressants, and other medications may be required long-term.
Medical Equipment: Wheelchairs, walkers, prosthetics, home modifications, and other assistive devices can be essential for maintaining quality of life.
Nursing Care: In severe cases, ongoing in-home nursing care or assisted living may be necessary.
Diagnostic Testing: Regular check-ups, MRIs, X-rays, and other tests may be needed to monitor your condition and adjust treatment.
Treatment for Complications: Injuries can sometimes lead to complications, such as infections, chronic pain, or secondary conditions, requiring further medical intervention.

Failing to account for these future costs can leave you facing significant financial burdens down the road. A settlement that only covers your past medical bills may seem adequate initially, but it could quickly be depleted if your medical needs continue.

The Challenges of Predicting the Future

Calculating future medical expenses is inherently complex because it involves predicting the future. No one can know with absolute certainty what medical care you will need in the years to come. However, Mississippi law requires that these expenses be proven with “reasonable certainty.” This doesn’t mean absolute proof, but it does require more than mere speculation or possibility.

The Role of Medical Experts

The foundation of any claim for future medical expenses is the testimony of qualified medical experts. These experts, typically physicians, surgeons, therapists, or life care planners, will review your medical records, examine you, and provide their professional opinions on:

The Nature and Extent of Your Injuries: A clear diagnosis is essential.
The Necessary Course of Treatment: The expert will outline the specific medical care you are likely to need in the future.
The Duration of Treatment: How long will you need physical therapy? Will you require medication indefinitely?
The Probability of Complications: Are there any potential long-term health issues that may arise from your injuries?
The Cost of Care: The expert will estimate the cost of each element of your future medical care, taking into account factors like inflation and regional variations in medical costs.

The credibility and expertise of your medical experts are critical. The insurance company will likely have their own experts who may offer conflicting opinions. Your attorney will work to ensure that your experts are highly qualified and that their opinions are well-supported by medical evidence.

Life Care Plans

In cases involving severe or catastrophic injuries, a “life care plan” is often developed. A life care plan is a comprehensive document, prepared by a certified life care planner, that outlines all of your future medical and non-medical needs related to your injury. It includes:

Detailed Medical Needs: A breakdown of all anticipated medical treatments, therapies, medications, and equipment.
Non-Medical Needs: This might include home modifications, transportation costs, vocational rehabilitation, and personal care assistance.
Cost Projections: The plan provides detailed cost estimates for each item, projected over your expected lifespan.
Inflation Adjustments: The plan accounts for the rising cost of medical care over time.

A life care plan is a powerful tool for demonstrating the full extent of your future needs and ensuring that your settlement adequately addresses them.

Factors Affecting the Calculation of Future Medical Expenses

Several factors influence the calculation of future medical expenses:

Age and Life Expectancy: A younger person with a longer life expectancy will generally have higher future medical expenses than an older person.
Severity of Injury: More severe injuries typically require more extensive and prolonged medical care.
Pre-existing Conditions: While pre-existing conditions don’t negate your right to compensation for injuries caused by the accident, they can complicate the calculation of future medical expenses. The focus will be on determining how the accident aggravated or worsened the pre-existing condition.
Geographic Location: Medical costs can vary significantly depending on where you live.
Inflation: Medical costs tend to rise over time, so inflation must be factored into the calculations.
Discount to the Present Value: Because of inflation, the law in Mississippi requires that future costs be discounted.

The Role of Your Attorney in Fighting for Future Medical Expenses

An experienced Mississippi personal injury attorney plays a crucial role in maximizing your recovery for future medical expenses. Your attorney will:

Identify and Retain Qualified Experts: Finding the right medical experts and life care planners is essential.
Gather Medical Records and Evidence: Your attorney will collect all relevant medical records and other documentation to support your claim.
Negotiate with the Insurance Company: Insurance companies often try to minimize payouts for future medical expenses. Your attorney will aggressively negotiate to ensure you receive a fair settlement.
Present Your Case at Trial: If a fair settlement cannot be reached, your attorney will be prepared to present your case to a jury.
Explain Complex Legal Concepts: Your attorney will explain the legal principles involved, including comparative negligence and the “duty to avoid,” in a way that you can understand.

Don’t Settle for Less Than You Deserve

If you’ve been seriously injured in Mississippi due to someone else’s negligence, don’t underestimate the importance of future medical expenses. These costs can be substantial, and you deserve to be fully compensated for them. The Gardner Law Group has a proven track record of success in handling complex personal injury cases. We are committed to fighting for the rights of accident victims and helping them secure the financial resources they need to rebuild their lives.

Contact us today at 228-436-6555 or online to schedule a free, confidential consultation. We’ll review your case, answer your questions, and explain your legal options. Let us put our experience and dedication to work for you. We serve clients in Pascagoula, Biloxi, and throughout the Mississippi Gulf Coast.

Future Medical Expenses: How They Are Calculated in Mississippi Accident Injury Settlements