Can I recover my medical and therapy expenses for ongoing injuries in my accident claim?

Short answer: Yes — under Arkansas law you can generally recover reasonable past medical expenses and, when supported by evidence, future (ongoing) medical and therapy expenses caused by the accident. You must prove the treatment is related to the accident and show the cost and reasonableness of the care. Consult an attorney promptly to protect your rights.

Detailed answer: What you need to know to seek medical and therapy expenses

1. Types of medical and therapy expenses you can seek

• Past medical expenses: bills you already paid or that were billed to you (hospital bills, doctor visits, diagnostic tests, ambulance, prescription costs, physical therapy, mental health therapy).
• Future medical and therapy expenses: reasonably certain care you will need because of the accident (ongoing physical therapy, surgeries, durable medical equipment, future counseling or rehabilitation).
• Related nonmedical costs: travel to medical appointments, home health care, modification to home or vehicle when those changes are medically necessary and documented.

2. The legal standard: causation and proof

To recover these damages you must show by a preponderance of the evidence that the accident caused your injuries and that the medical/therapy expenses are reasonable and necessary to treat those injuries. For future care, you must prove with competent evidence (medical records, treating-provider opinions, expert testimony, and sometimes a life-care plan) that future treatment is reasonably likely and have a reliable cost estimate.

3. How courts and insurers value ongoing (future) treatment

• Present value: Courts and settlement negotiators typically discount future costs to present value (one lump-sum amount now equal to the future stream of expenses).
• Expert testimony: An expert (treating physician, rehabilitation specialist, or life-care planner) usually must explain the need, frequency, and estimated cost of future care.
• Documentation: Treatment notes, billing codes, price quotes, and an expert plan strengthen your claim for ongoing therapy costs.

4. Liens, subrogation, and health insurance

If an insurer, Medicare, or Medicaid paid your medical bills, they may have subrogation rights or liens to be repaid from your recovery. Private health insurers often assert reimbursement claims. Failing to address these liens can reduce the money you actually receive. A lawyer can help identify and negotiate liens and satisfy statutory obligations.

5. Effect of fault and other reductions

Your recoverable amount may be reduced by your percentage of fault. Arkansas law requires that damages be apportioned by fault where applicable. That means if you are partially at fault, your recoverable medical and therapy expenses may be reduced in proportion to your share of blame.

6. Timing and the statute of limitations

Do not wait too long to file a lawsuit. Arkansas limits the time to bring most personal-injury claims. You should act promptly to preserve evidence and meet filing deadlines. See the Arkansas statutes for time limits on personal-injury actions, for example the Arkansas Code governing limitations on actions for injuries to the person: Ark. Code Ann. § 16-56-105. (Talk to a lawyer quickly to determine the exact deadline that applies to your case.)

7. Settlement vs. trial

Most claims resolve by settlement. For ongoing injuries, defendants/insurers may offer structured settlements, lump-sum offers, or refuse reasonable value for future therapy without strong evidence. If you go to trial, a judge or jury will weigh the evidence of causation, necessity, and cost before awarding damages.

Practical steps to strengthen a claim for ongoing medical and therapy expenses

1. Seek prompt, consistent medical care and follow treatment plans.
2. Keep all medical records, bills, receipts, and appointment logs.
3. Ask your treating providers for written opinions about the need for ongoing therapy, expected frequency, and estimated costs.
4. Obtain a life-care plan or expert opinion for complicated, long-term needs.
5. Notify your health insurers and be aware of potential subrogation or lien obligations.
6. Talk to a personal-injury attorney early—preferably before signing settlement documents—to evaluate future-cost claims and lien issues.

Helpful Hints

• Document everything: Dates, symptoms, provider names, treatments, costs, and missed work create stronger proof of ongoing need.
• Get opinions in writing: A clear written prognosis from your treating doctor carries weight with insurers and courts.
• Estimate future costs conservatively but realistically: inflated estimates can harm credibility.
• Consider vocational or life-care experts if injuries affect long-term function or require ongoing assisted care.
• Address liens early: unresolved liens often delay or reduce settlement money you receive.
• Do not accept the first settlement offer without evaluating future care costs and potential reductions for fault or liens.

How an Arkansas attorney can help

An attorney can:

• Collect and organize medical evidence showing the need for ongoing therapy;
• Work with medical experts to prepare future-care cost estimates;
• Negotiate with insurers and handle lien/subrogation issues;
• File suit if necessary to protect your rights and meet deadlines;
• Advise about settlement structure and tax implications.

Disclaimer: This article explains general principles of Arkansas law and does not constitute legal advice. It is not a substitute for consulting a licensed Arkansas attorney about the specific facts of your case.