Arizona: Recovering Medical and Therapy Expenses After an Accident | Arizona Estate Planning | FastCounsel
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Arizona: Recovering Medical and Therapy Expenses After an Accident

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

Short answer: Yes — under Arizona law you can generally recover reasonable past and future medical and therapy expenses caused by another party’s wrongful conduct. To succeed you must show the accident caused your injuries, the expenses are reasonable and related to those injuries, and you comply with filing deadlines and other rules. This is educational information and not legal advice.

Detailed answer — how recovery works in Arizona

1. Types of medical and therapy expenses you can recover

Arizona courts award compensatory damages for economic losses that flow from a personal injury. Typical recoverable items include:

  • Past medical bills (hospital, ER, surgery).
  • Past and ongoing physical therapy, occupational therapy, chiropractic care, mental health therapy (e.g., counseling for traumatic injury).
  • Future medical and therapy costs that are reasonably certain to be needed because of the injury (often called future medical damages).
  • Related out-of-pocket expenses such as prescription costs, medical devices, home modifications, and travel for medical care.

2. What you must prove

To recover these damages you typically must prove:

  • Liability: The defendant was legally at fault (negligent, reckless, or intentionally harmful).
  • Causation: Your medical conditions were caused or materially worsened by the accident.
  • Damages: The amounts claimed are reasonable, customary, and supported by evidence (bills, receipts, treatment records, and expert opinions for future costs).
  • Mitigation: You took reasonable steps to treat and limit your harm (seeking timely care and following medical advice).

3. Evidence the court or insurer expects

Insurers and judges expect clear documentation:

  • Medical records showing diagnosis, treatment, and progress notes.
  • Bills and Explanation of Benefits (EOBs) showing amounts charged and paid.
  • Doctor and therapist testimony (or affidavits) linking treatment to the accident.
  • Expert reports or life-care plans estimating future medical and therapy needs and costs if future damages are claimed.

4. Future medical and therapy costs

Courts allow recovery for reasonably certain future care. Proving future costs usually requires testimony from treating physicians, specialists, or life-care planners. Courts will discount speculative claims; the more specific and evidence-based the prognosis and cost estimates, the better the chance of full recovery.

5. Timing: statute of limitations in Arizona

Arizona limits how long you have to file a lawsuit after an injury. For most personal injury actions the time limit is short. See Arizona Revised Statutes, Title 12 (Actions; limitations) for details on deadlines that apply to injury claims. If you miss the deadline, you may lose the right to sue.

Arizona Revised Statutes (Title 12) overview: https://www.azleg.gov/arsDetail/?title=12

6. Insurance, settlements, and limits

Most claims are settled with the at-fault party’s insurance company. Common issues you will face:

  • Insurers may dispute the necessity, causation, or amount of treatment.
  • Policy limits can cap recovery from a single insurer. If limits are too low, you may need to explore other parties or assets.
  • Medical payments coverage (MedPay) or PIP, if present, can cover initial bills regardless of fault.

7. Subrogation, liens, and repayment obligations

If your health insurer, Medicare, Medicaid, or an employer-paid plan paid for medical care, they may have a right to repayment from your recovery. Those rights can reduce the money that ultimately ends up in your pocket. Federal and state rules may apply, and you must account for them when negotiating a settlement.

8. When to consult an attorney

Consider consulting an attorney when:

  • Injuries are serious, permanent, or require ongoing therapy.
  • The at-fault party denies liability or disputes the extent of your injuries.
  • Multiple sources of recovery or complex subrogation issues exist (Medicare, Medicaid, private insurers).
  • Policy limits are low and you need to explore other recovery options.

Helpful Hints

  • Seek medical care right away and follow your treatment plan. Delays make causation harder to prove.
  • Keep all medical bills, receipts, prescriptions, therapy notes, and EOBs. Organize them by date and provider.
  • Ask your treating providers to document how the accident caused or worsened your condition.
  • Get written estimates or expert reports to support claims for future medical and therapy costs.
  • Preserve evidence from the accident (photos, witness contacts, police reports, and videos).
  • Track lost wages and time out of work with employer records and pay stubs; these may be recoverable as economic damages too.
  • Notify your health insurer and ask about subrogation rights; not handling liens correctly can reduce your settlement.
  • Be cautious with social media. Insurers and defense lawyers use posts to dispute injuries and activities.
  • Note filing deadlines — review Arizona Revised Statutes, Title 12, and act promptly if you think you have a claim: https://www.azleg.gov/arsDetail/?title=12.
  • If you plan to settle, get a written settlement agreement that addresses how liens and future medical needs will be handled.

Disclaimer: This article explains general Arizona law and common practices. It is for educational purposes only and is not legal advice. You should consult a licensed Arizona attorney about the specific facts of your situation.

The information on this site is for general informational purposes only, may be outdated, and is not legal advice; do not rely on it without consulting your own attorney.