Proving Future Medical Needs in a Boston Spinal Cord Injury Case
Spinal cord injuries are among the most serious and life-changing injuries a person can experience. These injuries can lead to partial or total paralysis, loss of mobility, and a lifetime of medical treatment and assistance. If someone suffers a spinal cord injury because of someone else’s negligence, like in a car crash, a fall, or a construction accident, they may have the right to seek compensation through a personal injury claim.
However, winning a spinal cord injury case isn’t just about showing that the other party was at fault. One of the most important (and difficult) parts of these cases is proving your future medical needs. At Breakstone, White & Gluck, we know how important it is to fight for the full compensation our clients need – not just for today, but for the years ahead.
Why do future medical needs matter in a Boston spinal cord injury case?
People who suffer spinal cord injuries often face a lifetime of challenges. This can include things like:
- Ongoing doctor visits
- Physical therapy and rehabilitation
- Medications and pain management
- In-home nursing or caregiver support
- Wheelchairs, home modifications, and mobility aids
- Mental health support and counseling
These services and equipment come with a hefty cost, and they’re often needed for decades or the rest of a patient’s life. In personal injury law, the person who caused the injury (or their insurance company) can be held responsible for past and current medical bills and future medical expenses.
According to the Christopher & Dana Reeve Foundation, the lifetime costs for a spinal cord injury can range anywhere from $1 million to $4.7 million. This is why accurately proving those future costs is so important. If you settle for too little up front, you will be left without the resources you need later.
How does the court evaluate future medical costs?
In Massachusetts, courts allow injured individuals to seek compensation for future damages, including medical costs, lost income, and pain and suffering. However, it’s not enough to simply say that you might need future care. You need evidence to show that future expenses are reasonably certain to happen. You must prove that:
- The need for future treatment is medically likely, not just possible
- The costs of that treatment can be estimated with reasonable certainty
This means our lawyers will need to present expert testimony and documentation to support your claim. And, the more specific and detailed the evidence, the better.
What is the role of expert witnesses in my Boston spinal cord injury claim?
Proving future medical needs in a spinal cord injury case almost always requires the help of expert witnesses. Expert witnesses are professionals with specialized knowledge who can explain your medical condition and future needs to the judge or jury. Here are some of the experts commonly used in spinal cord injury cases.
Life care planners. A life care planner is one of the most important experts in a spinal cord injury case. They create a detailed plan, outlining your future needs, now and for the rest of your life. This plan can include ongoing treatment, equipment (like wheelchairs, hospital beds, or lifts), home renovations (like ramps or widened doorways), transportation needs, personal care and nursing, therapy and counseling, and medications and supplies. Life care planners base their recommendations on your medical records, interviews, and consultations with treating doctors. They also research the cost of these services to come up with a realistic estimate.
Neurologists and medical specialists. A neurologist or spinal cord specialist can testify about the extent of your injuries and what kind of long-term effects you’re likely to experience. Their testimony can help the court understand how the injury affects your body and what future treatments are medically necessary. They may also confirm your diagnosis (like quadriplegia or paraplegia), talk about expected complications, and explain why certain treatments or equipment will be needed in the long term.
Vocational experts and economists. Sometimes, a person with a spinal cord injury can’t go back to work, or must work in a different, lower-paying job. Vocational experts evaluate your ability to work in the future, and an economist can calculate lost future earnings and benefits. Although this doesn’t fall under “medical needs,” it’s often presented alongside them to help paint a full picture of the long-term financial effects of your injury.
Documentation is also important
In addition to expert testimony, strong documentation is key to proving your future medical needs. This includes your:
- Medical records, including past and current records showing the seriousness of your injury and the treatments you’ve already received.
- Treatment plans, which are notes from doctors and therapists that outline your expected future care.
- Invoices or quotes for items like wheelchairs, home modification, or ongoing therapy.
- Caregiver records, which can support the need for future assistance.
The more evidence you have, the stronger your case will be. Often, insurance companies try to argue that this future care isn’t needed or will cost less than you claim. That’s why we work closely with you to gather as much detailed and accurate information as possible.
Why you need a Boston spinal cord injury lawyer
Spinal cord injury claims are some of the most complex personal injury cases. Insurance companies are quick to fight back against large claims, especially when future medical costs are involved. Without strong evidence and the right legal strategy, you could end up settling for far less than you need.
At Breakstone, White & Gluck, our spine injury lawyers understand what it takes to prove future damages. We’ve helped clients in Boston and across Massachusetts recover compensation for long-term medical care, lost wages, and the pain and suffering that comes with these devastating injuries.
We take the time to build a detailed case, bring in the right experts, and fight hard to make sure our clients receive everything they need, not just for today, but for the rest of their lives.
Proving future medical needs is one of the most important parts of any spinal cord injury case. It requires medical experts, financial planning, and the skill of experienced spine injury lawyers. At Breakstone, White & Gluck, we’re committed to helping our clients secure the full compensation they deserve so they can move forward with confidence. If you or a loved one has been injured, don’t wait. Contact us as soon as you can to learn how we can help you on the road to recovery. Call us or use our contact form to schedule a free, no-obligation consultation today.