Yes, future medical bills should be factored into a car accident settlement. In any personal injury action future medical expenses for doctor, hospital and related expenses are recoverable if reasonably and necessarily incurred in the treatment of the injury from the accident.
Medical bills recoverable in an automobile accident case include all medical, hospital, and related expenses, which the collision was a substantial factor in causing. The damages may cover past expenses, meaning those expenses incurred from the date of the injury to the date of the trial, and future expenses, those expenses that will be incurred after the date of the trial. To be recoverable, the expenses must be reasonably and necessarily incurred in the treatment of the injury that is the result of the MVA. Musa v. Jefferson Cnty. Bank, 2001 WI 2, ¶ 19, 240 Wis. 2d 327 , 620 N.W.2d 797. Until recently, establishing the reasonableness and necessity of medical expenses has required expert medical testimony from a doctor. On July 1, 2009, the Wisconsin Legislature created section 908.03(6m)(bm), which states:
Workers comp pays for medical bills in Wisconsin under Wisconsin Statutes Sec. 102.42 "as may be reasonably required to cure and relieve from the effects of the injury" whether medical, surgical, chiropractic, psychological, podiatric, dental or hospital treatment, including treatment by physician assistants and advanced practice nurse prescribers. If the workers' compensation insurance company denies treatment, the injured employee must prove the work-relatedness of the treatment by expert medical testimony. Wisconsin Tel. Co. v. Industrial Comm'n, 263 Wis. 380 (1953).
In Wisconsin, car accident medical bills may include all accident related medical, hospital, and related expenses. The accident settlement should include all past medical bills incurred from the date of the injury to the date of the settlement and any future medical bills that will be incurred after the date of settlement. Any past or future medical bills must be reasonably and necessarily incurred as a result of the car accident or automobile collision. Leitinger v. DBart, Inc., 2007 WI 84, ¶ 51, 302 Wis. 2d 110.
Are medical bills covered by auto insurance in a car accident in Wisconsin, the answer is yes, but they must be proven as caused by the automobile collision. First, we must prove the other driver's negligence caused the accident. The other driver's negligence does not have to be the only cause but rather "a cause" because an accident or collision may have more than one cause. Someone's negligence caused the accident if it was a substantial factor in producing the crash. An accident may be caused by one person's negligence or by the combined negligence of two or more people. In order to recover a personal injury settlement from another driver's insurance company, the other driver's negligence in causing the accident must be equal to or greater than that of the injured person.
Future medical bills to be incurred as a result of a car accident, are recoverable in a personal injury case. Passengers or drivers in automobile collisions often have future bills: primary care physician, surgeon, hospital, therapy, radiology, MRI, or medication that need to be paid. Our attorneys always make sure the future bills are accounted for we never settle a case without questioning whether a client will require future accident related treatment. If so, we include a claim for the sum of money that will fairly and reasonably compensate an injured person for future health care services.
Past medical bills or health care provider expenses incurred as a result of a car accident, are recoverable in a personal injury case. Passengers or drivers in automobile collisions often have bills: ambulance, emergency room, primary care physician, surgeon, hospital, therapy, radiology, MRI that need to be paid. Our attorneys always make sure the bills are accounted for we never settle a case without the client's thorough understanding and consent to bill resolution and subrogation consideration. We include a claim for the sum of money will fairly and reasonably compensate an injured person for past health care services.