How Are My Future Medical Bills Accounted for in a Missouri Personal Injury Case?

About the Author

Ethan Charles (“EC”) Duckworth is the founding attorney of Duckworth Injury Law. EC earned his law degree from the University of Missouri - Columbia, where he graduated in the top 10 of his class and served as an Editor of the Missouri Law Review. EC currently serves as a member of the Missouri Association of Trial Attorneys (MATA) and is a graduate of the Ross T. Roberts Trial Academy. EC has represented hundreds of injury victims throughout his career, resulting in tens of millions of dollars in compensation recovered. EC ensures that the full extent of his clients’ damages are accounted for in their respective personal injury cases, including all future medical damages and bills. Follow EC Duckworth on LinkedIn.

Learn How Future Medical Costs Are Determined in Missouri Personal Injury Cases With Guidance From Duckworth Injury Law

In a Missouri personal injury case, your future medical bills are a large component of your overall claim for damages. But how can you determine what those future medical bills will be before they accrue? In short, future medical bills are projected by a qualified medical expert hired by your attorney for your case. 

While in many cases, your injury lawyer will not recommend resolving or settling your personal injury case prior to your discharge from treatment, personal injury cases involving long-term medical treatment needs are different. If you’ve been involved in a serious car, truck, motorcycle, or boating accident resulting in catastrophic injuries, you’ll likely require continued medical treatment (appointments with specialists, physical therapy, occupational therapy, imaging, pain management, etc.) for many years to come. In these cases, it’s typically in your best interest for your lawyer to project the costs of your future treatment rather than waiting years and years for you to complete treatment (which in some cases, could continue for the lifetime of the injury victim). Projecting the costs of your future treatment allows you to resolve your case much sooner, allowing you the compensation you need to continue your recovery and get back to a semblance of normalcy in your life. 

Who projects future medical costs in a Missouri personal injury case?

Future medical costs are typically projected by a medical professional who is experienced in projecting such costs in personal injury cases. More often than not, these medical professionals are certified lifecare planners (“CLCP”) and/or certified lifecare medical cost projection specialists (“CMCPS”). To become certified as a CLCP and/or CMCPS an individual must have a healthcare background, complete a rigorous training program, and pass an examination demonstrating their knowledge of medical systems, disabilities, and treatment protocols. 

The Lifecare Planner will be hired by your injury attorney for the specific purpose of projecting your future medical costs. In a Missouri personal injury case, they are referred to as a “retained expert witness”, meaning they are not a treating provider for your injuries, but rather they were retained for purposes of litigation. 

What sort of medical treatment is included in my future medical bills? 

Once a Lifecare Planner is hired in your personal injury case, they will review all your medical records and bills to date, meet with you (and possibly conduct a physical examination), and consult with other medical experts specific to your injuries. For example, if you have sustained a traumatic brain injury from your accident, your attorney may also retain a neurologist and/or neuropsychologist who will work alongside your Lifecare Planner in determining future treatment. Or, if you sustained a complex fracture of your fibula, your Lifecare Planner will likely work alongside an orthopedic specialist to determine what continued care you will require. Most of the time, the Lifecare Planner will determine the costs and ancillary charges associated with future medical care, and other medical professionals in the necessary fields associated with your injuries will determine the big picture future treatment. 

A Lifecare Planner will ultimately put together what’s called a Lifecare Plan or Future Medical Cost Projection, which outlines what future medical treatment you will require as a result of your accident, along with the costs of such treatment. A Lifecare Plan will span either the duration of your life or the duration that you will require future treatment. Common future medical treatment includes future surgical procedures, specialist doctor visits, imaging (MRIs, CTs, X-rays), pain management (injections, nerve ablation, pain medication), physical therapy, occupational therapy, and home modifications (railings, ramps, home/yard maintenance), and more.

Why do I need to project the costs of future medical treatment in my PI case?

Future medical treatment must be accounted for in your Missouri personal injury case because “you only get one bite at the apple” when it comes to full and fair compensation for your claim. In other words, once your case is resolved either by settlement or judgment, you cannot go back and ask for additional compensation if you incur additional medical expenses or treatment down the road. As such, it’s crucial that your PI lawyer accounts for all of your damages, including future medical treatment, prior to resolving your case. Further, projecting future medical treatment allows you to resolve your claim much sooner, instead of waiting many years to see what actual costs are incurred. 

What happens if defense counsel or the other party’s insurance company disagrees with my future medical costs?

Disagreement between the parties and their respective lawyers is the name of the game in civil litigation such as a personal injury case. As such, it’s extremely common for defense counsel and/or the at-fault party’s insurance company to disagree with your Lifecare Planner’s future medical costs projections on your case.

Defense counsel will usually want to take the deposition of your Lifecare Planner (and any of your other retained medical expects) to determine the basis of their opinions and to see if there are any flaws in their methods or calculations. If defense counsel believes the Lifecare Planner’s opinions are too speculative and/or not based upon reliable methods or evidence, they can file a motion with the court to exclude the Lifecare Planner from testifying at trial and presenting their future medical cost projections to the jury. 

Further, defense counsel may hire their own medical experts to review your medical records and/or make you conduct a medical examination in order for them to reach their own conclusions as to your required future medical treatment. If your case proceeds to trial, both sides’ respective medical experts will present their opinions to the jury as to your future medical needs, and the jury will get to decide who they believe. 

What’s the standard for admission of future medical bills in Missouri personal injury cases?

In Missouri personal injury cases, expert opinions as to future medical care must be made “within a reasonable degree of medical certainty.” It’s important to note that potential future consequences of an injury do not need to be certain to occur. See Deck v. Teasley, 322 S.W.3d 536, 543 (Mo. 2010); see also Swartz v. Gale Webb Transp. Co., 215 S.W.3d 127 (Mo. banc 2007). 

In Serious Personal Injury Cases in Missouri, Duckworth Injury Law Fights for Your Future Medical Needs

When it comes to serious injury cases, whether from car accidents, motorcycle accidents, or truck accidents, accounting for your future medical bills is crucial in ensuring that you receive full and fair compensation for your personal injury claim.

Catastrophic injuries, such as spinal injuries, traumatic brain injuries, significant orthopedic injuries, and bodily disfigurement, often require years to a lifetime of treatment. As such, you need a personal injury lawyer on your team who is familiar with handling serious accident cases and who has the experience, know-how, and resources to make sure the costs of your future medical care are properly accounted for.

At Duckworth Injury Law, our firm routinely handles serious injury cases in which our clients will require years of future medical care. As such, we have an extensive network of medical providers and experts that we work with on personal injury cases to project the needs and costs of future medical care for our clients moving forward. 

Call us today for a free consultation on your personal injury case, including how Duckworth Injury Law will ensure future medical bills are accounted for.