Can you recover medical and therapy expenses for ongoing injuries after an accident?

This FAQ explains how recovery of past and future medical and therapy expenses works under Maryland law, what you must prove, common hurdles, and practical steps to protect your claim. This is general information only and not legal advice. If you have an active claim, you should consult a Maryland-licensed attorney for advice tailored to your situation.

Detailed answer — what Maryland law allows and what you must prove

What kinds of medical and therapy expenses are potentially recoverable?

In Maryland, a person injured by another’s negligence can typically seek compensation (damages) for reasonable and necessary costs caused by the injury. Recoverable items commonly include:

• Past medical bills (emergency care, hospital stays, surgeries)
• Past and ongoing physical therapy, occupational therapy, speech therapy, and mental health treatment
• Future medical and therapy expenses that are reasonably certain to be required because of the injury
• Out-of-pocket expenses (prescription drugs, medical devices, travel for medical care)
• Related economic losses — lost wages and diminished earning capacity — and non-economic damages such as pain, suffering, and loss of enjoyment of life

Who must prove what?

You (the injured person) must prove three main things to recover medical and therapy expenses:

1. Liability: That someone else caused the injury through negligence or another legal theory (e.g., intentional tort, premises liability).
2. Causation: That the medical care and therapy were caused by the accident or the defendant’s conduct.
3. Extent and amount of damages: The nature, necessity, and reasonable cost of past and future medical care.

Evidence that commonly satisfies these requirements includes medical records, itemized medical bills, invoices, receipts, treating provider notes, imaging and test results, and testimony from providers or expert witnesses who can link the treatment to the accident and estimate future needs and costs.

How do you prove future medical and therapy needs?

Maryland courts require that future medical expenses be proven with sufficient evidence to show they are reasonably certain rather than speculative. Common approaches include:

• Written opinions from treating physicians describing the expected course of treatment, likely procedures, and estimated costs.
• A life‑care plan or expert medical report outlining long‑term therapy, assistive devices, home modifications, and projected costs.
• Expert testimony from medical and vocational specialists to support long‑term care and economic loss claims.

Without credible expert support, a jury or insurer may reduce or deny claims for future expenses as speculative.

Timing — statute of limitations

Maryland law sets a time limit to file most personal injury lawsuits. In general, you must file a civil action for personal injury within three years from the date of the injury. See Maryland Courts & Judicial Proceedings, CJP § 5-101: https://mgaleg.maryland.gov/mgawebsite/Laws/StatuteText?article=cjp&section=5-101. If you miss that deadline, the court will usually dismiss your claim and you will lose the right to recover—even if your injuries continue.

Other important legal hurdles in Maryland

Contributory negligence: Maryland still applies the contributory negligence rule in many civil cases. Under that rule, if a plaintiff is even partly at fault for the accident, the plaintiff may be barred from recovery. Because contributory negligence can completely defeat a claim, consult an attorney early to evaluate and preserve your case.

Health insurance and subrogation: If your medical expenses were paid by private insurance, Medicare, Medicaid, or another payor, that entity may have a right to reimbursement (subrogation) from your recovery. Federal and state laws (and plan rules) may require you to repay amounts from any settlement or judgment. Failing to address these liens can reduce your net recovery or lead to legal problems.

Liens and hospital claims: Hospitals, workers’ compensation carriers, and federal programs often have statutory or contractual lien rights. Address liens before you finalize a settlement.

Settlement vs. lawsuit — what to expect

Most claims resolve by settlement. Insurers typically evaluate claims based on liability, the strength of medical proof, and exposure from future damages. If the insurer offers a settlement that won’t cover your ongoing expected care, you can reject it and pursue a lawsuit. If you pursue a lawsuit, you will need evidence and expert support to prove future medical and therapy costs to a judge or jury.

Practical evidence and documentation you must gather

• All medical records and progress notes from emergency care through ongoing therapy.
• Itemized bills, receipts, and explanation of benefits (EOBs).
• Provider statements that link treatment to the accident and explain prognosis.
• Photographs of injuries and accident scene when possible.
• Employment records showing lost wages and any impact on earning capacity.
• Names and contact information for treating providers and witnesses.

What steps to take right away

• Seek medical attention immediately and follow your provider’s recommended treatment plan. Prompt treatment supports both your health and your claim.
• Keep careful records of every visit, bill, prescription, and therapy session.
• Preserve evidence: notes, photos, receipts, and witness contact information.
• Notify your auto or homeowner’s insurer promptly, but avoid giving recorded statements without legal advice.
• Preserve your claim by filing within Maryland’s statutory deadline (usually 3 years from the injury).
• Contact an attorney experienced with Maryland personal injury and subrogation issues before accepting a settlement if your injuries are ongoing.

When you should consider hiring an attorney

Consider an attorney if any of the following apply:

• Your injuries require ongoing treatment or are expected to cause future medical needs.
• Liability is disputed or the insurer argues you’re partly at fault.
• Subrogation, Medicare, Medicaid, or other liens may reduce your recovery.
• The insurance offer does not cover expected future medical costs.

An attorney can coordinate medical experts, quantify future needs, handle lien negotiations, and ensure procedural deadlines are met.

Helpful Hints

• Document everything — detailed records strengthen claims for ongoing care.
• Attend all follow‑up appointments — missed appointments can be used to challenge damages or credibility.
• Get treating providers to explain long‑term therapy needs in writing.
• Don’t accept a full and final settlement until you know the likely long‑term medical costs.
• Keep private communications professional — social media posts about activities can be used by defendants to challenge injury claims.
• Ask your health insurer about its subrogation rules and whether it will assert a lien.
• Act early — gather evidence and consult an attorney before the 3‑year filing deadline in most cases: CJP § 5-101.

Final note and disclaimer: This article provides general information about Maryland law and does not create an attorney‑client relationship. It is not legal advice. Laws and procedures change, and facts vary by case. For specific legal advice about recovering medical and therapy expenses in your accident claim, consult a Maryland-licensed attorney.