Detailed answer — What you need to prove and how to do it under Maine law

When you ask for additional compensation for ongoing pain and future care after an injury, you must show both (1) that the injury continues to cause pain, disability, or care needs now, and (2) that future medical treatment, personal assistance, or lost earning capacity are reasonably likely. The burden is to prove these elements with credible, well-documented evidence so an insurer, mediator, or jury can put a dollar value on them.

Key types of proof

• Medical records and treating-provider statements. Your treatment notes, diagnoses, test results (x-rays, MRI, EMG), hospital records, and medication lists form the backbone of your claim. Providers’ written opinions that explain diagnosis, prognosis, and recommended future treatment are especially important.
• Objective test results and imaging. Imaging and lab tests that corroborate your injury make a claim stronger. Objective findings reduce disputes over whether the injury exists or is the source of ongoing pain.
• Documentation of treatment history and response. Records showing visits, therapies, surgeries, injections, and how you responded help establish chronicity and why additional care is needed.
• Detailed bills and cost estimates. Current medical bills and written cost estimates for future treatment, assistive devices, home modifications, and in-home care let a factfinder calculate future expenses.
• Functional assessments and activity records. Physical therapy functional reports, work restrictions, and formal assessments of daily living limitations show how pain affects your life and need for care.
• Personal testimony and daily logs. A contemporaneous pain diary that records pain levels, medication use, sleep disruption, and limits on daily activities supports subjective claims of ongoing pain.
• Third-party observations. Statements from family, close friends, or co-workers about changed abilities and loss of independence can corroborate your account.
• Vocational and cost analyses. To show lost earnings or future earning loss, a vocational assessment or employment records (pay stubs, job descriptions, employer statements) are useful. For future care costs, a life-care planning report or a qualified cost analysis that lists treatment frequency, duration, and unit costs helps quantify damages.

How courts and insurers evaluate future care claims

Decision-makers look for three things: causation, necessity, and reasonableness.

1. Causation. Connect the ongoing pain and projected care to the original injury. Treating provider opinions and consistent treatment records help establish this link.
2. Necessity. Show that the proposed future treatment or care is needed, not experimental or elective. Treatment plans tied to standardized medical guidelines and documented decline or lack of full recovery support necessity.
3. Reasonableness of cost. Provide market-based cost estimates (bills from providers, quotes for home modifications, state or local cost data) and explain duration and frequency. Where future care is indefinite, show why a continuing plan is appropriate.

How future costs are typically calculated

Future medical and care costs are usually quantified as a present-dollar amount. That process typically involves:

• Listing future services (therapy sessions, surgeries, assistive devices, home health aide hours, replacements).
• Estimating frequency and duration (e.g., 2 PT sessions per week for 2 years; in-home care 4 hours/day for 6 months).
• Assigning unit costs using current local rates.
• Converting the stream of future costs into a single present-value figure using accepted economic methods (discounting).

Evidence to create credible future-cost estimates

Gather:

• Written treatment plans and prognosis from treating providers.
• Quotes or price lists from local providers, agencies, or suppliers.
• Functional test results showing need for assistance or devices.
• Employment, wage, and earning-history documents if you claim future lost earning capacity.

Practical steps to strengthen your claim in Maine

1. Start consistent, early treatment and keep records. Regular visits and consistent documentation make your claim credible. Gaps without treatment invite arguments that pain is not ongoing.
2. Ask your treating provider to explain prognosis in writing. A clear letter that links current condition to future needs carries weight.
3. Use contemporaneous records. Keep a daily pain and activity journal, medication logs, and photos of injuries or disabilities when appropriate.
4. Get objective testing when indicated. Imaging and objective tests reduce disputes over the cause and severity of pain.
5. Obtain cost estimates early. Get written quotes from providers, agencies, and vendors for likely future services and equipment.
6. Preserve employment records. Keep pay stubs, performance reviews, and job descriptions to support claims of lost wages or diminished earning capacity.

How settlement negotiations and trials differ

Insurers generally try to limit payouts, so strong documentation improves settlement outcomes. If a case goes to trial, you must present admissible evidence that persuades a judge or jury that future care is reasonably likely and the costs are justified.

Timing and procedural notes for Maine claimants

Do not wait to document your condition. Also be aware there are filing deadlines for lawsuits in Maine. To check the applicable deadlines and statutory rules that could affect your claim, consult the Maine statutes at legislature.maine.gov/statutes and talk to a Maine attorney promptly.

Helpful hints — Practical checklist to build your proof

• Keep all medical records, bills, test results, and provider letters in one organized file (digital and paper copies).
• Use a daily pain diary: record pain score, triggers, medications, sleep, and limits on activities.
• Ask providers to state prognosis and needed future treatments in writing, including frequency and expected duration.
• Get written cost estimates for future services (home care agencies, durable medical equipment suppliers, therapy clinics).
• Collect statements from family, friends, and co-workers about changes in your daily life and work function.
• Secure documentation of lost income: employer letters, pay stubs, tax returns, and job descriptions.
• Consider a formal functional assessment or vocational evaluation if your ability to work is affected.
• Do not ignore insurance company requests, but do not give recorded statements without consulting a lawyer first.
• Photograph injuries, assistive devices, or household modifications to show need or change over time.
• Talk with a Maine personal-injury attorney early to identify evidence gaps and to preserve rights before filing deadlines run.