Do Wisconsin Personal Injury Claims Include Future Medical Expenses?

People who get injured in an accident may often face a long recovery and a lot of medical care. Those with more severe injuries may also need additional surgery, physical therapy and other care, for months or even years into the future.

When seeking compensation in an injury claim, past and current medical expenses are easy to prove using invoices and billing statements. Determining future medical expenses is much harder. Injured victims may greatly benefit from a qualified attorney who knows how to properly calculate this value in a personal injury claim.

At PKSD, our knowledgeable personal injury lawyers in Milwaukee have been helping injured victims for years. We are ready to answer your legal questions and help you fight for maximum compensation.

PKSD. FREE Case Review. 877-877-2228

What are Future Medical Expenses?

Future medical expenses are special damages that may be awarded as part of a victim’s total recovery in a personal injury claim. Not all accident victims will need this compensation. If their injuries are less severe and they recover fairly quickly, future medical care may not be necessary.

For accident victims who sustained extensive or life-altering injuries, it is a different story. Even after reaching their maximum medical recovery (MMI) point, victims may still have pain and other secondary issues that require more treatments. Future medical expenses help cover the costs of this ongoing care to help these more seriously injured victims heal as close to pre-accident health as possible.

For example, a bedridden spinal cord injury patient may suffer pressure sores, bowel and bladder issues, spasticity (muscle and tendon jerks and spasms), bone density issues and more. Although these conditions were not caused by the accident, they are secondary complications of the injury that the victim would not have had but for the accident.

Examples of Future Medical Expenses

The amount of future expenses a victim may need varies from case to case, but in general, could include compensation for:

Proving Your Need for Future Medical Expenses

Under state law, a victim may recover future medical expenses, but only if the jury is satisfied that there is a valid need. In Wisconsin, however, it is not necessary to prove that need without a doubt. Rather, the attorney and the injured victim only need to show that there is a reasonable likelihood that these future medical expenses may occur.

To help establish need for an injured victim, an attorney will likely bring in the victim’s treating physician and/or another medical expert to give testimony on behalf of the plaintiff (the injured victim). Medical experts help the insurance company and jurors to learn more about an injured victim’s medical condition, as well as his or her requirements for ongoing care.

Calculating Future Expense Needs

Future medical expenses are based on need, as well as the extent of a person’s injuries. For example, a victim who was paralyzed after a spinal cord injury may need more future medical care than someone who sprained his or her wrist in a slip and fall.

There are two approaches an attorney may use to calculate the value of future medical expenses for an injured client.

Additional Expense Approach

If an injured victim will be able to maintain his or her former lifestyle after recovering, an attorney will likely use the additional expense approach to calculate this person’s future medical costs.

In this situation, an injured victim may be able to recover compensation for damages such as:

Total Lifestyle Approach

Injured victims with life-altering injuries will need considerably more and varied types of care due to the severity of their damages and inability to continue living independently. This is a situation where an attorney would use the total lifestyle approach to determine a victim’s future medical expense needs.

In addition to the above-mentioned damages, additional compensation may also be provided, such as for full-time care, and special transportation to and from appointments. Other non-medical expenses may also be necessary for these victims who will never be fully restored to their former state of health or lifestyle. For example, a victim may need compensation to have his or her home remodeled to better accommodate any disability caused by the injury.

Contact Our Trusted Law Firm for Legal Help

Accurately calculating the total value of future medical expenses and other damages takes an experienced attorney. At PKSD, we have been representing injured victims in Wisconsin for decades, recovering millions on their behalf.

If you were injured because of another person’s careless or negligent acts, we are ready to help. You can learn about your potential legal options in the free initial consultation we offer. There is no obligation to pursue a claim after this meeting, so there is no risk to you. If we represent you, there is nothing for you to pay up front. We only get paid if you do.

PKSD. A law firm you can trust. Ph: 877-877-2228