Many accidents result in injuries that will require long-term care or treatments and expenses that extend beyond the conclusion of a civil action to recover damages. In that case, an accident victim will have to show evidence that substantiates both past and future medical expenses.
You can recover the documented costs of long-term medical expenses and any additional anticipated non-economic losses in a personal injury settlement. While the financial impact of past medical costs is relatively easy to document, arriving at a projected dollar amount for future medical care can present a challenge.
Many accidents leave injured parties with extensive physical injuries that will affect their future, unfortunately sometimes for a lifetime. Our team of experienced personal injury lawyers takes pride in helping clients receive all the compensation they deserve by leveraging our professional relationships with renowned medical specialists and financial experts.
Settlements from an accident claim are always permanent, however, a client’s medical and standard of living needs may not be. An accident victim has but a single chance for a full financial recovery—do not leave anything on the table. The lawyers at Emroch & Kilduff, LLP, have the resources and resolve to aggressively pursue full and fair financial compensation for our personal injury clients.
In Virginia, the law allows personal injury victims to seek compensation for the future costs of health care that directly result from someone else’s negligence. This includes medical expenses, as long as you present sufficient evidence and documentation. Proving future medical costs usually requires that physicians and other healthcare providers testify about the required medical care that the accident made necessary.
At Emroch & Kilduff, our lawyers have represented personal injury clients since 1970. We have decades of experience. Our goal is to help accident victims receive fair compensation for both present and long-term losses.
How Do You Prove Future Medical Costs And Future Lost Wages?
Some injuries impact a victim and their entire family for a lifetime. The pain and suffering can be endless, the injuries may be disfiguring and debilitating, and the financial costs may be overwhelming. When dealing with spinal cord damage and paralysis, traumatic brain injury, traumatic amputation, or severe burns, recovering full and fair compensation is imperative.
Compelling evidence is important in any personal injury case, and the right evidence can make a difference.
At Emroch & Kilduff, we review records, statements, and testimony from a client’s entire medical care team including primary care physicians, emergency room physicians, surgeons, physical and occupational therapists, and mental health providers for documentation that support the need for future:
- Routine visits with medical specialists
- Diagnostic testing such as radiology studies and lab tests
- Hospitalization or surgery
- Inpatient rehabilitation
- Physical therapy costs
- Mental health services
- The continued use of prescription or over-the-counter medication
- Medical supplies
- Adaptive or assistive equipment
- Modifications to the family home to accommodate expected physical decline
- In-home nursing services
We routinely look to noted medical experts for validation and clarification to project medical expenses. When we have solid evidence, we can show insurance adjusters, judges, and juries the consequences of a client not being able to financially afford the necessary and critical services stemming from the defendant’s negligence.
In Virginia, personal injury plaintiffs may recover for the future damages resulting from an injury, including medical expenses, as long as there is sufficient evidence. Future expenses cannot be awarded if those expenses are speculative. Proving future medical costs usually requires that physicians and other healthcare providers testify about the medical care you will require in the future as a result of your injuries. The proof has to include sufficient detail to make it possible to ascertain roughly what that future care will cost.
Economists, financial planners, life planning experts, and vocational professionals are often called upon in personal injury cases to project the costs of these services.
Additional Long Term Losses
Accurately calculating the future loss of earnings can greatly affect the damages awarded to a client in an accident claim. Before settling with the insurance company we consider additional long-term losses.
Calculating wages lost immediately following the accident is a generally straightforward process. In the event of a catastrophic injury, a client may not be able to return to their chosen profession, or in the worst-case scenario, a permanent disability may preclude the possibility of any gainful employment.
When it comes to placing a value of lost future earnings, bringing purely speculative figures to a negotiating table, or into a courtroom, can be counterproductive.
At Emroch & Kilduff, LLP, we understand the importance of proving the value of lost future earnings based on:
- The client’s present age and educational background
- The client’s planned retirement age
- The client’s salary at the time of the injury
- The possibility of vocational training
- The dollar value of any missed raises, promotions, bonuses, or commissions
- The loss of other financial benefits such as paid insurance premiums, pension plans, 401k contributions, Social Security taxes, paid holidays, and vacations
Documents that substantiate future lost wages include:
- Tax returns
- W-2s
- Payroll records
- Summary of the corporate benefit package
Statements from an accident victim’s employer can validate the pre-accident work history, job performance, and potential for advancement. The testimony of a vocational rehabilitation specialist can explain, in detail, if and when an accident victim may be able to return to work. An economist may show salary trends and opportunities in the injured parties’ chosen field.
We consider whether our clients need to hire someone to take over household responsibilities due to health restrictions.
Tasks such as:
- Home repairs and yard maintenance
- Household chores
- Childcare responsibilities
- Cooking, grocery shopping
- Transporting children to and from school and activities
If You Suffered an Injury with Long-Term Consequences in the Richmond area, Contact the Personal Injury Lawyers of Emroch & Kilduff
If you suffered long-term injuries in Virginia, Emroch & Kilduff, LLP can explain your rights and get your life back in order. We are a formidable force, and we are here to lend our voice to your quest for the compensation you deserve.
The lawyers of Emroch & Kilduff specialize in personal injury law. They can protect your rights and obtain just compensation in these situations. Protect your rights. Contact us today at (804) 358-1568.