Disclaimer
This article is for general informational purposes only and is not legal advice. It explains how recovery of medical and therapy expenses typically works under Massachusetts law. For advice about your specific situation, contact a licensed Massachusetts attorney.
Detailed Answer
Overview — can you recover medical and therapy expenses?
Yes. Under Massachusetts law, if another party’s negligence or intentional act caused your injury, you can generally seek money damages that include past medical expenses, past therapy costs, and the reasonable value (present cash equivalent) of future medical and therapy care you will likely need. Courts award these damages to make the injured person whole so far as money can do that.
What kinds of medical and therapy expenses are recoverable?
- Past medical bills and receipts: emergency care, hospital stays, doctor visits, diagnostic tests, physical therapy, chiropractic, prescription medications, durable medical equipment.
- Past out-of-pocket costs related to care: transportation to medical appointments, co-pays, and nonmedical items required because of the injury.
- Future medical and therapy expenses: reasonably certain future costs for surgery, ongoing physical therapy, psychiatric therapy, long-term care, home modifications, or assistive devices, calculated in present value.
What must you prove to recover future care costs?
To recover future medical or therapy expenses, you must show by a preponderance of the evidence that the future care is reasonably certain or reasonably probable, and not speculative. Typical proof includes:
- Medical records and current treatment notes showing ongoing need.
- Expert medical opinions (treating physicians or retained experts) describing the need for future treatment and estimating costs.
- A life-care plan or treatment cost estimate prepared by a clinician or life-care planner when care will be complex or long-term.
- Cost estimates or invoices for specific future procedures or durable medical equipment.
How are future costs calculated?
Courts and juries consider the reasonable cost of necessary future care and then reduce that amount to present cash value (discount to reflect the time value of money). The plaintiff’s experts typically provide annual cost projections and a present-value calculation. The defendant may challenge the necessity, frequency, or cost of the projected care at trial.
Insurance payments, liens, and subrogation
If a health insurer, auto insurer (if applicable), or public benefits program (e.g., Medicare/Medicaid) paid for some of your medical care, those payers often assert subrogation or reimbursement rights. That can affect how much you actually receive in settlement or from a judgment. If your insurer or a government program seeks reimbursement, you must address those claims before or during resolution of your case. Because subrogation and ERISA-related claims are complex, consult an attorney to protect as much of your recovery as possible.
Comparative negligence and timing
Massachusetts follows comparative-fault rules. If you were partially at fault, your recoverable damages (including medical and therapy expenses) can be reduced in proportion to your percentage of fault. See the comparative negligence statute: M.G.L. c.231 §85.
Also be mindful of the statute of limitations for personal injury claims in Massachusetts. Generally, you must start a lawsuit within three years of the date of the injury. See: M.G.L. c.260 §2A. Missing the deadline can bar recovery.
Practical steps to maximize recovery of ongoing medical and therapy expenses
1) Continue recommended treatment. Stopping care for the sake of a claim can hurt your credibility and damages.
2) Keep organized records: itemized bills, receipts, appointment logs, and copies of medical notes.
3) Ask your treating providers for written opinions about likely future treatment and written cost estimates when possible.
4) Consider a life-care plan or expert report if your future needs are extensive or long-term.
5) Preserve evidence of the accident and of disability caused by the injury (photos, witness statements, employer records).
6) Notify insurers promptly and follow their claim procedures while protecting your right to legal counsel.
Settlement vs. trial
Most injury claims settle before trial. Insurers will evaluate your past bills, medical records, future-care estimates, testimony from treating doctors, and liability issues. An experienced attorney can package the medical evidence, advise on likely future costs, negotiate liens/subrogation issues, and estimate a fair settlement versus trial value.
Helpful Hints
- Document every treatment: date, provider, purpose, and cost. Good documentation is the backbone of recovering future care costs.
- Get clear written projections from your doctor when you will need additional therapy, surgery, or long-term assistance.
- Obtain a life-care plan if you will need ongoing or multidisciplinary long-term care—this helps prove reasonable certainty and cost.
- Do not ignore health insurer or government program reimbursement claims—address them early.
- Talk to a Massachusetts personal injury attorney early, ideally before you settle with an insurance company, so you understand your rights and lien issues.
- Track lost wages and reduced earning capacity, because these often accompany claims for future medical care.
- Be aware of the 3-year general statute of limitations in Massachusetts: M.G.L. c.260 §2A. Missing it can end your case.
When to get legal help
If your injuries require ongoing therapy or expensive future care, or if the liability or insurance coverage is disputed, consult a qualified Massachusetts personal injury attorney. An attorney can coordinate medical experts, quantify future costs, negotiate with insurers, and handle lien or subrogation issues to preserve your recovery.
Remember: this article explains general principles under Massachusetts law but does not replace personal legal advice tailored to your facts.