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

Short answer: Yes—under Colorado law you can generally seek compensation for past and future medical and therapy expenses caused by another party’s negligence. Recovering those costs depends on proof that the costs were necessary, caused by the accident, and reasonably valued. You must also act promptly to meet Colorado’s deadlines and consider any health-insurance subrogation or provider liens that can reduce the money you actually keep. This is general information, not legal advice.

Detailed Answer — How recovery works in Colorado

1. What types of medical-related expenses can you recover?

• Past medical bills you actually incurred (hospital stays, surgeries, imaging, doctor visits, physical therapy, prescriptions, durable medical equipment).
• Future medical and therapy expenses reasonably likely to be needed because of the injury (ongoing physical therapy, future surgeries, long-term care, etc.).
• Related out-of-pocket costs: mileage for medical appointments, home modifications, attendant care, and sometimes lost earning capacity tied to the injury.

2. Legal elements you must prove

A successful personal injury claim in Colorado requires proof of (1) duty, (2) breach of that duty, (3) causation, and (4) damages. Medical and therapy expenses are part of “damages.” To recover them you must show:

• That the medical/therapy services were caused by the accident (causation).
• That the care was reasonable and necessary for the injury.
• The dollar value of the expenses, typically through medical bills, billing records, provider testimony, and expert opinions for future care.

3. How courts and insurers view past vs. future medical expenses

Past medical expenses are proven with actual bills and records. Future care requires expert testimony (doctor or life-care planner) estimating the likely treatment, frequency, and cost. Courts and juries will weigh that testimony when awarding future damages.

4. Deadlines you must watch (statute of limitations)

Colorado typically gives two years from the date of injury to file a civil claim for personal injury. See Colorado Revised Statutes on limitations for personal-injury actions: C.R.S. § 13-80-102. Missing the deadline usually ends your ability to sue.

5. Health insurance, subrogation, and liens — what reduces your net recovery

If your insurer, Medicare, Medicaid, or a medical provider paid your bills, they may have a right to repayment (subrogation) or may place a lien on your settlement. That can reduce the amount you actually receive after settlement or judgment. The rules differ depending on whether the payer is a private insurer, a federal program (ERISA, Medicare/Medicaid), or a medical provider. Always identify potential liens early and address them in negotiations.

6. Workers’ compensation vs. third-party claims

If your injury arises from work, workers’ compensation may cover medical care and partial wage loss, and you may or may not be able to pursue a third-party tort claim depending on the facts. Different rules and deadlines apply to workers’ comp claims.

7. Common defenses and hurdles

• Disputes over causation: the defense may argue your condition is preexisting or not caused by the accident.
• Reasonableness of charges: insurers often challenge whether medical bills were excessive or necessary.
• Comparative fault: Colorado follows modified comparative negligence. If you were partly at fault, a jury can reduce your award in proportion to your fault.

8. Practical example (hypothetical)

Jane is in a rear-end car crash in Denver. She has $12,000 in past medical bills (ER, imaging, physical therapy) and will need ongoing therapy estimated at $18,000 over two years. To recover those amounts, Jane documents her bills and treatment, obtains an expert opinion estimating future care, files her claim before the two-year deadline, and negotiates with the at-fault driver’s insurer. If Jane’s health insurer paid some bills, that insurer may assert a subrogation claim for repayment from any settlement.

How to build a strong claim for medical and therapy expenses

1. Seek prompt medical care and follow the treatment plan. Consistent treatment shows the injury is real and serious.
2. Get detailed bills and medical records. Ask providers for itemized statements and records linking treatment to the accident.
3. Keep a loss log of out-of-pocket costs: co-pays, prescriptions, travel to appointments, and missed work.
4. Get expert opinions if you will need future treatment. Treating doctors or life-care planners can estimate future costs.
5. Identify health insurers and potential liens early so you can include those amounts in settlement negotiations.
6. File your claim or lawsuit before the statute of limitations expires (usually two years for personal injuries in Colorado). See C.R.S. § 13-80-102.

Helpful Hints

• Start a dedicated folder (paper or digital) for all medical bills, records, photos, receipts, and appointment dates.
• Don’t skip or delay recommended treatment — gaps can hurt your claim.
• Be careful what you post on social media — insurance companies look for posts that contradict your injury claims.
• Ask medical providers for itemized bills and whether they accept a reduced amount if paid from a settlement (some providers negotiate their liens).
• If your insurer or Medicare paid bills, ask whether they will pursue subrogation and how much they expect to be repaid.
• Consider consulting an attorney early — attorneys experienced in injury claims can evaluate damages, handle lien negotiations, and protect net recovery.

Disclaimer: This article explains general concepts under Colorado law and gives educational information only. It does not create an attorney-client relationship and is not legal advice. For advice about your specific situation, consult a licensed Colorado attorney.