Detailed Answer
Short answer: Yes — under Oregon law you can recover reasonable and necessary past and future medical and therapy expenses caused by another party’s negligence, but you must prove fault, causation, and the cost and necessity of the care. You also must act before Oregon’s time limits run and be prepared to document ongoing treatment and projected future needs.
What kinds of medical or therapy costs are recoverable?
Oregon law allows recovery of damages that flow from the injury. Typical recoverable items include:
- Past medical bills (emergency care, hospitalization, surgery)
- Past and ongoing outpatient care (doctor visits, physical therapy, psychological therapy)
- Medication and medical devices (braces, crutches, durable medical equipment)
- Projected future medical and therapy costs reasonably likely to be needed because of the injury
- Related costs such as home health care or modifications where properly supported by evidence
What must I prove?
To recover these costs you generally must prove three things:
- Fault — the other party’s negligence or legal responsibility for the accident;
- Causation — that the medical care and therapy were caused by the accident (not from an unrelated condition); and
- Reasonable cost and necessity — that the treatment was appropriate and the charges are reasonable.
Proving future medical expenses usually requires expert testimony (for example, from your treating physician, a treating therapist, or a life‑care planner) to show what treatment is likely to be necessary and its probable cost.
Evidence courts and insurance companies expect
- Medical records and clinician notes showing diagnosis, treatment plan, and progress
- Bills, itemized receipts, insurance explanations of benefits (EOBs), and statements of unpaid balances
- Provider testimony or written reports (doctor, therapist, life‑care planner) linking treatment to the accident and projecting future care
- Employment records and wage statements for lost earnings due to treatment or disability
Timing — do I need to file a lawsuit right away?
Oregon has a statute of limitations for personal injury claims. Most claims for injuries to the person must be brought within two years from the date of injury. See ORS 12.110 for Oregon’s limitation periods: ORS Chapter 12. If you wait too long you can lose the right to sue, even if your injuries are still developing.
How ongoing (continuing) treatment affects settlement and trial strategy
If you are still treating, the case often needs a plan to address future care. Options include:
- Waiting until your treatment stabilizes (“maximum medical improvement”) before settling, to avoid under‑valuing future care;
- Settling for a lump sum that includes an expert’s projected cost of future care; or
- Using structured settlements or periodic payments when future costs are large or uncertain.
Insurance companies often try to close claims early. If your injuries are ongoing, document your medical course and consider reserving the right to reopen settlement discussions based on new developments, or postpone settlement until you have clearer evidence of long‑term needs.
Health insurance, liens, and subrogation
If health insurance, Medicare, Medicaid, or another party paid for care, they may have a right to be repaid from your settlement (subrogation or lien). Keep accurate records and alert your attorney and insurers. Resolving subrogation claims is a common part of settlement negotiations in Oregon.
When to consider hiring an attorney
Consider legal help if:
- Future medical needs are significant or complex;
- Liability is disputed;
- Insurers offer a low settlement that does not cover projected care;
- Subrogation or lien issues are likely; or
- You are unsure how to prove future damages with appropriate expert evidence.
Helpful Hints
- Start medical treatment right away and follow doctors’ orders — gaps in care make it harder to prove causation.
- Keep organized records: bills, receipts, appointment notes, medication lists, and insurance EOBs.
- Get clear written opinions from treating clinicians about the link between the accident and your ongoing needs.
- Ask providers for itemized bills and records that explain why each therapy or treatment is necessary.
- Preserve evidence from the accident (photos, police reports, witness contact info) to support liability and causation.
- Do not post details, photos, or status updates about your injuries on social media — insurers may use those posts against you.
- Notify your own insurer promptly and meet any notice requirements in your policy.
- Ask about subrogation and lien responsibilities before you accept a settlement.
- If you expect substantial future care, consider consulting a lawyer experienced in personal injury cases so an expert can prepare life‑care plans and testimony.
Disclaimer: This information is educational only and not legal advice. It does not create an attorney‑client relationship. For advice about your specific situation, consult a licensed Oregon attorney.