Detailed Answer
After an accident in Missouri, you can seek reimbursement for reasonable medical and therapy expenses that are related to your injuries. Missouri law allows a person injured by another’s negligence to recover economic damages (medical bills, therapy costs, rehabilitation, and lost earnings) and non‑economic damages (pain and suffering, loss of enjoyment of life). To recover ongoing or future medical and therapy expenses you must show that the care is medically necessary, related to the accident, and reasonably certain to occur.
What kinds of medical and therapy expenses are recoverable
- Past medical expenses: hospital bills, doctor visits, diagnostic tests (X‑rays, MRIs), prescriptions, physical therapy, chiropractic care, and other treatment already paid or billed.
- Future or ongoing medical expenses: anticipated costs for continued physical therapy, specialist care, surgery, durable medical equipment, home health care, and long‑term rehabilitation when supported by competent evidence.
- Related out‑of‑pocket expenses: mileage to obtain care, prescription costs, and caregiver expenses when tied to the injury.
What you must prove
Missouri courts require proof by a preponderance of the evidence that the expenses are causally connected to the accident and reasonably certain to be incurred. Typical proof includes:
- Medical records and physician notes linking diagnoses and treatment to the accident.
- Itemized bills and receipts showing amounts already incurred.
- An expert opinion (treating physician or retained medical expert) estimating the need and cost of future therapy or procedures.
- Functional reports, therapy plans, and progress notes that show ongoing medical necessity and treatment schedule.
How fault affects recovery
If you share fault for the accident, Missouri reduces your recovery by your percentage of fault. That means if you are 20% at fault, your recoverable damages are reduced by 20%. For more on limitations and civil actions in Missouri, see the Missouri Revised Statutes, Chapter 516 (statute of limitations) and Chapter 537 (actions/damages): RSMo Chapter 516 (Limitations) and RSMo Chapter 537 (Actions and Damages).
Practical steps to maximize recovery for ongoing care
- Document everything. Keep all medical records, itemized bills, lab and imaging reports, therapy notes, and payment records.
- Get the treating provider to explain in writing why ongoing therapy is necessary and estimate future costs.
- Consider a life‑care plan or expert cost estimate for substantial long‑term needs; judges and juries rely on expert testimony to award future medical damages.
- Preserve wage documentation and other economic loss records if your injury causes lost earning capacity.
- Notify insurers promptly, but be cautious about recorded statements or signing releases until you understand the full extent of future care needs.
Settlement vs trial
Insurers often try to close claims quickly. If you have ongoing or uncertain future treatment, do not accept a low lump‑sum release without accounting for future expenses. A structured negotiation or keeping the claim open until treatment stabilizes helps protect future recovery. If you go to trial, present medical testimony and cost estimates to support a claim for future therapy and medical care.
Timing and deadlines
Missouri imposes time limits on filing lawsuits, so check statutory deadlines and act promptly. For general guidance see the Missouri Revisor of Statutes site: Missouri Revised Statutes and review Chapter 516 regarding limitation periods. Missing the deadline can bar recovery regardless of merit.
Helpful Hints
- Start medical treatment quickly and follow recommended care; gaps in treatment can be used against you.
- Ask providers for written treatment plans and prognosis statements about likely future therapy.
- Keep a contemporaneous injury journal describing pain, limitations, therapy progress, and missed work.
- Save all receipts, bills, and mileage logs to and from treatment.
- Get a benefits summary if an insurer paid medical bills; those amounts may affect settlement negotiations.
- Before signing any release or accepting a final settlement, have a lawyer review whether future care is fully covered.
- If your case involves complex future needs (spinal injuries, traumatic brain injury, permanent impairment), consider obtaining a life‑care plan and vocational expert report.
- Consult a personal injury attorney early — an attorney can preserve claim value, evaluate future damages, and negotiate with insurers.