FAQ: How Do You Calculate Future Medical Expenses After a Serious Injury in Florida?
After an accident in Florida, you might have more than the immediate medical expenses to worry about. If you suffered a serious injury in your accident, such as a traumatic brain injury or spinal cord injury, you might require long-term or even lifelong medical care. In such a case, you might be entitled to recover compensation for future medical expenses in your personal injury claim. A common question we get from people who have sustained severe injuries in an accident is how these damages are calculated. This is a very important question, as understanding how future medical expenses are determined can ensure you recover your rightful compensation.
What Are Future Medical Expenses and Why Are They a Critical Part of Your Claim?
Some personal injury victims only require short-term medical treatment. However, for others, medical care may be necessary months or even years after they reach maximum medical improvement (MMI), which is the point a victim must reach before their personal injury claim can be resolved. Even after reaching MMI, a plaintiff may still require ongoing care such as medications, physical therapy, pain management, or supportive care. The associated costs are considered future medical expenses and are a vital part of your personal injury claim.
The costs associated with seeking medical treatment or care for months or years after the resolution of a personal injury claim can be substantial. If future medical expenses are not included in a personal injury settlement or verdict, the injured person and their family could be left financially responsible for these costs. This can lead to them facing medical debt if they are unable to cover the costs. Including future medical expenses in your claim for compensation can help you avoid financial hardships and debt in the future.
How Are Future Medical Expenses Calculated?
So, how are these costs calculated in Florida? Determining the value of something yet to occur can be complicated. As such, working with a skilled personal injury attorney who can help you through this complicated matter is vital. Attorneys have the necessary requirements to accurately estimate future medical expenses.
Usually, attorneys rely on expert witnesses to determine future medical expenses. Medical experts, for instance, can provide a prognosis and clarify the necessity and scope of ongoing medical care. On the other hand, life care planners can create a comprehensive, medically based outline of all anticipated medical care. These plans typically include the frequency of treatment and care, as well as the costs related to this treatment and care.
The Impact of HB 837
HB 837, which was signed into law in 2023, significantly changed how future medical expenses are calculated in Florida. According to the law, claimants cannot present evidence of billed charges. Instead, the amount a plaintiff can recover is tied to;
- The amount that health insurance would allow or require out-of-pocket
- 120% of Medicare rates or 170% of Medicaid rates for uninsured plaintiffs
- The discounted amount a provider agrees to accept under a letter of protection when selling the right to collect on the bill
This law makes it even more important to work with an experienced attorney.
Contact Us for Legal Help
Our Orlando personal injury attorneys at The Pendas Law Firm can help you pursue the compensation that truly reflects your long-term needs. Contact us today to schedule a consultation.
The Pendas Law Firm also represents clients in the Ocala, Bradenton, Tampa, Daytona Beach, West Palm Beach, Miami, Jacksonville, Fort Myers, Fort Lauderdale, Naples, and Melbourne areas.
Source:
flsenate.gov/Session/Bill/2023/837/BillText/er/PDF