Detailed Answer
Yes — under Minnesota law you can generally recover reasonable past and future medical and therapy expenses that result from another party’s wrongful conduct. Recovering those expenses depends on who is legally responsible, the type of accident, how you document the costs and injuries, and whether any insurance or government programs have subrogation or lien rights.
How recovery works (overview)
There are two common paths to get medical and therapy bills paid after an injury:
- Insurance benefits that pay first (for example, Personal Injury Protection or PIP for auto crashes).
- A claim against the negligent third party (a lawsuit or settlement for past and future medical expenses and other damages).
Auto accidents: PIP and third‑party claims
Minnesota requires or uses no‑fault/PIP benefits for auto accidents that often pay initial medical costs and wage loss regardless of fault. If another driver caused the crash, you can also seek additional damages from that driver (or that driver’s insurer) for medical bills, therapy, and other losses that exceed PIP or that are recoverable under a third‑party negligence claim. For the text of Minnesota’s no‑fault auto insurance statutes, see Minnesota Statutes, chapter 65B: https://www.revisor.mn.gov/statutes/cite/65B.
What you must prove to recover medical and therapy expenses
To recover medical and therapy expenses you generally must show all of the following:
- Liability: The other party was legally responsible (negligent, reckless, or otherwise at fault).
- Causation: The medical care and therapy were caused by the accident or incident.
- Reasonableness: The treatment was reasonable, necessary, and a generally accepted form of care for your injury.
- Amount: You can document the cost with bills, itemized statements, medical records, and provider testimony or billing records.
Past vs. future medical expenses
Past medical expenses are billed costs you already paid or that were billed to you. Future medical expenses are an estimate of care you will likely need because of the injury (ongoing therapy, surgeries, assistive devices, home care, or long‑term rehabilitation). Courts and insurers will expect expert proof (treating physician, life care planner, or other medical expert) that links the future care to the accident and shows the costs are reasonable.
Common obstacles and reductions
- Offsets and subrogation: Health insurers, Medicare, or Medicaid may have subrogation or lien rights and can seek reimbursement from your recovery. You must address these liens in settlement negotiations.
- Comparative fault and mitigation: If you share fault, your recoverable damages are reduced according to Minnesota’s comparative fault rules. You also must take reasonable steps to mitigate your damages (get treatment when needed).
- Disputed necessity: Insurers sometimes argue treatment was unrelated, excessive, or not medically necessary.
Statute of limitations and timing
Time limits apply to lawsuits for personal injuries. Minnesota’s statutes that govern time limits for civil actions appear in chapter 541 of the Minnesota Statutes; check the statutory text and exceptions that may apply to your case: https://www.revisor.mn.gov/statutes/cite/541. Don’t rely on general memory — act promptly because missing a deadline can bar a lawsuit.
Practical steps to maximize recovery
- Seek prompt medical care and follow your provider’s recommendations.
- Keep thorough records: intake forms, medical records, itemized bills, therapy notes, mileage records, and lost wage documentation.
- Ask treating clinicians to clearly link their diagnoses and treatment plans to the accident.
- Get opinions about future care and costs if your injuries are ongoing; a life care plan can be important for significant future needs.
- Communicate early with insurers, but avoid recorded statements without advice if the claim will involve substantial future care.
- Identify potential lienholders (health insurers, ERISA plans, Medicare/Medicaid) and plan how to address subrogation during settlement.
- Consider structured settlements or setting aside funds for future care when negotiating a settlement that must cover long‑term treatment.
When to consider hiring an attorney
Consider legal help when:
- Your injuries are moderate to severe or require ongoing therapy.
- Future medical costs are likely and hard to quantify.
- Liability or causation is disputed.
- Insurers or third parties assert liens, subrogation, or reduce payments.
- You are unsure about settlement language that might release future claims or affect government benefits.
An attorney can help prove causation and future needs, negotiate with insurers and lienholders, and draft settlement releases that preserve appropriate rights.
Common documents and evidence to collect
- Emergency room and hospital records.
- Itemized medical bills and EOBs (explanation of benefits).
- Therapist and rehabilitation provider notes.
- Diagnostic imaging and test results (MRIs, x‑rays).
- Doctor letters tying treatment to the accident.
- Receipts for out‑of‑pocket expenses and travel for treatment.
Helpful Hints
- Document everything early. Timely records make it far easier to prove causation and reasonableness of care.
- Keep copies of insurance policies and declarations pages (your own PIP and the other party’s liability policy) to check coverage limits.
- Ask providers to use clear medical terminology and to explain why each therapy or procedure is necessary for your accident‑related injuries.
- When settling, request a written accounting of any liens and how they will be resolved before you accept a net payment.
- If Medicare or Medicaid may be involved, ask how a settlement could affect your benefits and whether repayment or notice to the agency is required.
- Think ahead about future care. Undervaluing future medical needs is a common cause of insufficient settlements.
- Consult a Minnesota personal injury attorney early if liability or future costs are contested; many offer free consultations and work on contingency.
Disclaimer: This article provides general information about Minnesota law and is not legal advice. It does not create an attorney‑client relationship. For advice about your specific situation, consult a licensed Minnesota attorney.