Can I Include Future Medical Bills in My Cleveland Car Crash Claim?

Before agreeing to a settlement for your car accident, you may worry whether the compensation being offered will be enough to cover your future medical costs. Some injuries, like persistent back pain, recurring headaches, joint problems, and other crash injuries may require ongoing treatment long after your case concludes.

At Friedman, Domiano & Smith, our experienced Cleveland car accident attorneys are here to answer your questions and explain your legal rights after a car crash. We know how to determine the full value of your claim and negotiate your settlement to ensure your future medical bills are included in your settlement.

Not sure if you have a case? Call to speak to one of our qualified attorneys today.

What Should a Settlement That Factors in All Related Medical Costs Include?

A well-negotiated settlement should include compensation for your current medical costs and estimated future medical needs.

Your “current medical needs” refer to not only the immediate care you need to stabilize your injuries, but also the continuing care you need to reach maximum medical improvement (MMI). Reaching this stage in your recovery means your medical condition is not likely to improve significantly beyond that point.

Future medical costs come into play if you still need ongoing care long after your case resolves.

Will My Health Insurance Pay for My Future Medical Costs?

If the terms for your future medical costs are not assessed and defined according to your specific needs, the burden of ongoing medical costs would fall under your health insurance plan or be paid for by you personally.

When attempting to have your health insurance approve treatment for future accident-related care you may need, be aware that you could encounter difficulties. Many health care plans have exclusions for injuries that were part of a liability claim. Additionally, if your insurance provider paid for any car crash medical costs up front, they may assert subrogation rights to seek reimbursement for those payments from your settlement funds.

What Future Medical Costs May Be Needed After My Case Resolves?

Whether or not future medical costs are needed varies on a case-by-case basis. At FDS, we do not take for granted that you will not need continuing care.

To ensure any future medical costs you may have are covered, our knowledgeable attorneys know how to accurately assess and determine what future care needs may result from the long-term effects of a crash. We know how critical it is to determine these costs before you agree to a settlement or sign any release.

Depending on the type and extent of your car crash injuries, your future medical care could include:

Ongoing Physical Therapy and Rehabilitation

Ongoing physical therapy sessions are costly, especially for patients who need weekly appointments years into the future.

Some car crash victims may require:

• Regular physical therapy sessions for neck and back injuries
• Occupational therapy to regain skills for daily living
• Cognitive therapy for traumatic brain injuries
• Speech therapy following facial trauma or neurological damage
• Aquatic therapy for joint and mobility issues

Follow-Up Surgeries and Procedures

In some cases, surgery may add to a claim’s value. However, victims with extensive or life-altering injuries may need additional procedures long after reaching their MMI. Unfortunately, surgeries needed months to years after a case resolves may often not get calculated as part of your future care needs, even though they resulted from your car crash.

Some of the reasons for future surgery may include:

• Revision surgeries to address secondary complications
• Hardware removal operations after bones heal
• Scar revision procedures
• Joint replacements as accident-damaged joints continue to deteriorate
• Spinal fusion or disc replacement when conservative treatments fail

Pain Management and Other Long-Term Medication Requirements

Chronic pain and secondary conditions related to the initial crash may require ongoing medication, such as:

• Pain management prescriptions
• Anti-inflammatory drugs
• Muscle relaxants
• Antidepressants for accident-related depression or anxiety
• Sleep aids for accident-induced insomnia
• Anti-seizure medications following traumatic brain injuries

Medical Devices and Assistive Equipment

Catastrophic injuries from a crash often require long-term use of medical devices and other assistive equipment, such as:

• Braces and orthotic devices
• Mobility aids like canes, walkers or wheelchairs
• TENS units for pain management
• Specialized mattresses or seating for spinal injuries
• Replacement parts and maintenance for these devices

Diagnostic Testing and Monitoring

Severe car crash injuries may require ongoing evaluation to monitor deteriorating conditions or the development of secondary complications. Diagnostic testing or monitoring needs may include:

• Annual MRIs to monitor spinal conditions
• Regular neurological assessments for traumatic brain injuries
• Vascular studies for circulation issues
• Pain management evaluations
• Functional capacity assessments

Why You Cannot Request More Money After Settling Your Car Crash Claim

It is vital that all the valid damages you are seeking be included in your final settlement. Once you agree to settle and sign that contract, you permanently surrender your right to seek additional compensation. This finality is established through a “release of all claims” document. This binding legal contract, which contains specific language covering “all claims, known and unknown,” prevents you from pursuing further damages against the defendant. This contract is binding even if your injuries worsen, or you develop secondary complications in the future.

Ohio courts consistently uphold these agreements under the legal doctrine of accord and satisfaction, which establishes that you have accepted the payment as full compensation for all claims.

Is It Possible to Reopen a Cleveland Car Crash Injury Case After It Has Been Settled?

No. Standard auto insurance settlements in Cleveland do not include “reopener” provisions. The exceptions for reopening a case are minimal and may only apply in rare scenarios, such as:

• Fraud by the insurance company
• A genuine mutual mistake about material facts
• Significant duress (extreme pressure or coercion forced you to accept a settlement) during the settlement process

Under these circumstances, victims and their attorneys must present substantial proof. However, these cases are rare and often do not succeed in court.

Get Legal Help from Friedman, Domiano & Smith Today

The decisions made during your car accident legal case could impact your financial security for years. Without proper planning for future medical needs, you could find yourself facing mounting healthcare bills with no legal claim once your case concludes.

At Friedman, Domiano and Smith, we are here to help you secure the full and fair compensation you need for your long-term medical needs. Our team can help you understand the legal process during a free consultation, and there are no upfront costs or fees to engage our legal services.

Call to speak to one of our highly qualified attorneys in Cleveland. There is no need to go through this process alone.