Detailed Answer
Short answer: Yes — under Pennsylvania law you can recover medical and therapy expenses (both past and future) that were reasonably caused by the accident. Recovery requires proof that the treatment was related to the crash, was necessary and reasonable, and that the costs are supported by documentation and testimony from treating medical professionals. This is general information and not legal advice.
Disclaimer: This is not legal advice. The information below explains general Pennsylvania law and common practice. Talk with a Pennsylvania attorney about the specifics of your case.
How medical and therapy expenses fit into an injury claim
Pennsylvania allows a claimant to seek economic damages for medical care and rehabilitation tied to an injury. Economic damages commonly include:
- Past medical bills (emergency room care, hospital stays, surgeries, physician visits, physical therapy, occupational therapy, mental health therapy, medications, assistive devices).
- Future medical and therapy costs reasonably likely to be required because of the accident (ongoing physical therapy, future surgeries, durable medical equipment, long‑term rehabilitation, home modifications, future mental health care).
- Related out-of-pocket costs such as prescription costs, mileage to medical appointments, and reasonable household care expenses if the injury prevents normal functioning.
Non‑economic damages (pain and suffering, loss of enjoyment) are separate but often claimed alongside economic damages.
What you must prove to recover ongoing (future) medical and therapy expenses
- Causation: Show a logical link between the accident and the need for ongoing treatment. Treating medical professionals should document how the crash caused or materially worsened the condition.
- Necessity and reasonableness: Show that the care is medically necessary and that the cost is reasonable for the services billed. Detailed medical records, bills, treatment plans, and provider notes help.
- Probability of future care: For future therapy or procedures, you will usually need documented opinions from treating clinicians outlining anticipated treatment, frequency, duration, and estimated cost.
- Present value: Future costs are typically reduced to present value at trial or in settlement negotiations. You’ll need a calculation showing how much a future stream of care is worth today.
Evidence that supports recovery
Common forms of evidence that courts and insurers rely on include:
- Complete medical records and treatment notes linking symptoms to the accident.
- Bills, invoices, and explanation of benefits (EOBs).
- Treatment plans and projected care timelines from treating physicians, physical therapists, or mental health providers.
- Written cost estimates for future surgeries, therapy, assistive devices, or home modifications.
- Deposition or affidavit testimony from treating medical professionals explaining necessity and prognosis.
- Records showing prior medical history to separate pre-existing conditions from accident-related injuries.
Insurance, liens, and subrogation issues
If a health insurer, Medicare, or Medicaid paid for care, those entities may have a right to be repaid (a lien or subrogation). That means settlement proceeds may need to be used to reimburse them. Federal law and plan terms (for ERISA-governed plans) can affect how much an insurer may recover and how disputes are resolved. If Medicare or Medicaid paid, federal rules on repayment and reporting apply.
Common steps:
- Identify any insurer or government payer that paid medical bills.
- Ask for payoff or lien information early so it can be accounted for when valuing the claim.
- Keep copies of all EOBs and insurance correspondence.
Timing: statute of limitations and settlement timing
To preserve your right to sue, you must act within Pennsylvania’s statute of limitations for personal injury claims. In Pennsylvania the general time limit for personal injury is two years from the date of the injury. See 42 Pa.C.S. § 5524 for details: 42 Pa.C.S. § 5524 (Statute of Limitations). Missed deadlines can bar a lawsuit even if your claim is otherwise valid.
Don’t rush to accept a low settlement before you know the scope of future treatment. Ongoing treatment discovered after settlement may leave you responsible for future costs unless the settlement accounts for them.
How negotiations and trial typically handle future therapy
In settlement talks insurers often discount future care estimates and argue over necessity. To achieve fair settlement value, claimants typically present the following:
- Detailed treatment projections from treating providers.
- Written cost estimates and calculations of present value.
- Supporting documentation tying future needs directly to the accident (imaging, treatment notes).
If the case goes to trial, a judge or jury reviews the evidence and decides reasonable past and future medical damages. Testimony from treating medical professionals carries weight in proving future care needs.
Practical steps to protect recovery of medical and therapy expenses
- Seek prompt medical care and follow provider recommendations. Gaps in treatment can be used to argue injuries are not serious or unrelated.
- Keep thorough records: appointment notes, bills, receipts, EOBs, prescriptions, and mileage logs.
- Ask treating providers to prepare written statements or treatment plans explaining why ongoing therapy is needed because of the accident.
- Notify your auto insurer and any other responsible party’s insurer promptly, and preserve all communications.
- Identify potential lien holders (health insurers, medicaid/medicare, workers’ comp) early and get payoff figures before settlement.
- Do not sign a full release until you are confident it covers future medical needs or until you have accounted for future care in the settlement amount.
When to consider getting legal help
Consider contacting an attorney if:
- You have ongoing or significant future medical needs.
- Liens or subrogation claims complicate settlement.
- The insurer disputes causation, necessity, or reasonableness.
- There is a high-value claim or permanent impairment affecting future earning capacity.
A lawyer can coordinate medical opinions, calculate future damages, handle lien negotiations, and protect your rights before you sign a release. If you consult counsel, bring all medical records, bills, insurance correspondence, and a timeline of treatment.