Detailed Answer

Short answer: Yes — under Indiana law you can generally recover past and future medical and therapy expenses that were caused by someone else’s negligence, but you must prove that the care was reasonable, necessary, and causally related to the accident. Recovering future or ongoing treatment usually requires medical expert testimony and careful documentation, and your recovery can be reduced by your own percentage of fault and affected by lien/subrogation claims from health insurers or government payors.

What kinds of medical and therapy costs are recoverable?

• Past medical bills and therapy expenses already paid or billed (hospital stays, ER visits, physician bills, imaging, prescriptions, physical therapy, chiropractic care, psychological therapy, etc.).
• Reasonable future medical and therapy expenses that are likely to be incurred because of the injury (ongoing physical therapy, future surgeries, long‑term rehabilitation, durable medical equipment, home health care, mobility aids, and mental-health treatment when related to the accident).
• Related expenses such as travel to medical appointments and the cost of necessary home modifications or attendant care, if supported by evidence.

What you must prove to recover future or ongoing treatment

Indiana courts require that future damages be shown with a reasonable degree of certainty. That means you cannot recover for speculative or purely possible costs. To prove future medical and therapy expenses you should establish:

1. Causation: Medical records and physician testimony linking your injuries and your need for ongoing therapy to the accident.
2. Necessity and reasonableness: Evidence (medical opinions, prevailing rates) that the proposed care is medically necessary and the expected cost is reasonable.
3. Probability: Expert testimony (treating physician, life‑care planner, or rehabilitation specialist) that the future care is more likely than not to be required.

Typical evidence that helps

• Complete medical records from all treating providers.
• Itemized medical bills and invoices.
• Medical expert reports describing the diagnosis, prognosis, estimated future care plan, and a cost estimate.
• Records of therapy visits, progress notes, and prescriptions.
• Photographs, job records (if injury affects earning capacity), and testimony about daily limitations.

How fault affects recovery

Indiana uses comparative‑fault rules that reduce your recovery by your percentage of fault, and in some situations can bar recovery entirely if your fault is greater than the applicable threshold. Make sure to account for how fault allocation might reduce the amount you ultimately receive.

See Indiana’s comparative fault rules: Ind. Code § 34-51-2 (comparative fault provisions).

Insurance claims, settlements, and trials

Most medical-cost recovery starts with an insurance claim (your PIP/MedPay if available, and the at‑fault party’s liability policy). Insurers will require documentation and may challenge future care estimates. If you cannot settle, you may need to file a lawsuit before the statute of limitations runs.

In Indiana, the general statute of limitations for personal injury claims is short — you typically have two years from the date of injury to file suit. If you miss that deadline you very likely lose the right to recover in court. See: Ind. Code § 34-11-2-4 (actions for bodily injury).

Health insurer and government payor liens

Health insurers, workers’ compensation carriers, and government programs (Medicare/Medicaid) may have subrogation or lien rights for medical expenses they paid. Federal rules (Medicare Secondary Payer rules) require coordination and possible reimbursement to Medicare when you obtain a settlement or verdict. These liens can materially reduce the amount you receive unless properly handled.

Addressing liens and subrogation is a key part of maximizing your net recovery. An attorney or claims professional can help identify, negotiate, or resolve liens.

When to get an attorney

Consider talking to an attorney if any of the following apply:

• Your injuries require ongoing therapy or there’s a reasonable chance of surgery or long‑term care.
• The insurer denies liability, underpays, or disputes future care.
• Government or private payors assert subrogation or lien claims.
• Total damages are substantial or fault is contested.

Hypothetical example

Jane is injured in a crash in Indiana and incurs $20,000 in hospital bills and $5,000 in physical therapy. Her doctor says she will need ongoing therapy for two more years at an estimated $6,000 per year, and possibly surgery with an estimated $30,000 cost. To recover the future therapy and possible surgery, Jane documents her records, gets a treating‑physician report and a life‑care estimate, accounts for her portion of fault, and resolves a Medicare lien before settling. The insurer accepts her past bills but disputes the future estimates, so Jane files suit before the two‑year statute of limitations and uses expert testimony to support the future care claims.

Bottom line

You can recover both past and future medical and therapy expenses in Indiana when you prove the injury was caused by someone else, the care is necessary and reasonable, and you present convincing evidence (often expert testimony) of the likely future costs. Watch deadlines, expect insurers to scrutinize future care estimates, and account for liens and comparative‑fault reductions.

Disclaimer: This article is for general informational purposes only and is not legal advice. It does not create an attorney‑client relationship. Laws change and every case turns on its facts. For advice about your specific situation, consult a licensed Indiana attorney.

Helpful Hints

• Start medical treatment right away and keep thorough records of every visit, bill, and recommendation.
• Ask treating providers for written prognosis and a clear plan for future therapy or surgery.
• Get itemized bills and keep copies of receipts for travel and other accident-related costs.
• Preserve all evidence (photos, witness contacts, police reports) and note how symptoms affect daily life and work.
• Be mindful of the Indiana deadlines — generally file suit within two years of the injury unless an exception applies.
• Identify any health insurer or government payor that paid treatment so you can address potential liens early.
• Consider a consultation with an Indiana personal‑injury attorney if your need for ongoing care is uncertain or a large sum is at stake.