Detailed Answer

Short answer: Yes — under Montana law you can typically recover both past and future medical and therapy expenses that result from another party’s negligence, but you must prove causation, reasonableness, and (for future care) a reasonable degree of certainty. Recovery can be reduced or barred by your own fault or by legal liens and subrogation claims from insurers.

What kinds of medical and therapy costs are recoverable?

Recoverable items commonly include:

• Past medical bills: ER visits, hospital stays, surgeries, imaging, doctor visits, prescription medications.
• Past therapy costs: physical therapy, occupational therapy, psychotherapy, chiropractic care, speech therapy.
• Future medical and therapy expenses reasonably likely to result from the injury: ongoing therapy, future surgeries, durable medical equipment, home health care, and related treatment costs.

Key proof requirements

To recover these expenses in Montana you generally need to show:

1. Causation: That the injury and the related treatment were caused by the defendant’s wrongful act or negligence.
2. Reasonableness: That the charges are reasonable for the services provided (billed amounts may be adjusted down if they exceed customary or reasonable value).
3. Certainty for future costs: Future medical and therapy needs must be proven with reasonable medical evidence — typically treating-provider testimony, life-care plans, or expert opinions estimating the likely future care and its cost.
4. Mitigation: You must take reasonable steps to treat and limit your damages. A failure to seek or follow recommended treatment can reduce recovery.

Evidence that helps your claim

Evidence that strengthens recovery for ongoing injuries includes:

• Complete medical records and itemized bills.
• A treating physician’s written prognosis and opinion linking treatment needs to the accident.
• A life-care plan or cost estimate from qualified providers for ongoing therapy or long-term care.
• Invoices and receipts for out-of-pocket expenses such as co-pays, medical equipment, and travel to appointments.
• Documentation of lost wages and reduced earning capacity if the injury affects work.

How future expenses are calculated

Courts and juries award future medical and therapy costs based on the present cash value of those future expenses. Expert testimony typically establishes the type and frequency of future care and attaches current or projected costs. The court or parties may adjust those costs to present value using accepted actuarial or economic methods.

Offsets, liens, and subrogation

If an insurer (private health insurance, workers’ compensation, Medicare, or Medicaid) paid some of your medical bills, the insurer may have a right to reimbursement or a lien on your recovery. Montana claimants must account for these claims when settling or seeking judgment. You should identify potential lienholders early and obtain written statements of any asserted amounts.

Comparative fault and bars to recovery

Your recovery can be reduced if you were partly at fault. Montana follows a comparative-fault approach that can limit or bar recovery when a plaintiff bears significant fault. If the plaintiff’s share of fault reaches the legal threshold, the claim can be barred. Because fault allocation affects damages, it is important to gather evidence that minimizes your responsibility for the accident.

Practical steps after an accident

1) Seek prompt medical care and follow treatment plans. 2) Keep all medical records and bills organized. 3) Request written prognoses and cost estimates for ongoing care. 4) Notify your insurer and the at-fault party’s insurer, and preserve evidence (photos, witness contact info, incident reports). 5) Get legal advice early if you face serious ongoing needs or complex lien/subrogation issues.

Relevant Montana law resources

Montana’s statutory and case law that governs civil actions, damages, and related procedures is published by the Montana Legislature. For general reference to state statutes that govern civil remedies, compare fault, and procedural rules, see the Montana Code Annotated on the legislative website: Montana Code Annotated (MCA). Consult the MCA and relevant case law for specific statutory language applicable to your situation.

When to consult an attorney

Contact an attorney if:

• Your injuries require ongoing therapy or likely future surgeries.
• An insurer disputes causation, reasonableness, or the need for future care.
• You face significant lien or subrogation claims from insurers or government programs.
• Comparative fault or contributory issues complicate the case.

An attorney can help gather medical proof, obtain life-care plans and economic analyses, negotiate liens, and represent you at mediation or trial to maximize the recovery for your ongoing medical and therapy needs.

Disclaimer: This article is for general informational purposes only and is not legal advice. It does not create an attorney-client relationship. For advice about your specific case, consult a licensed Montana attorney.

Helpful Hints

• Keep a dedicated folder (paper or digital) for all medical records, bills, receipts, and therapist notes.
• Ask your treating providers for written opinions about future treatment needs and cost estimates.
• Document pain, limitations, and therapy progress in a short daily journal to support claims for ongoing care.
• Notify your health insurer promptly and obtain written statements about their subrogation or lien policies.
• Get independent evaluations if the defendant’s insurer claims your treatment was unrelated or excessive.
• Preserve evidence from the accident scene and obtain witness contact information as soon as possible.
• Consider early legal consultation if future medical costs are high or coverage/subrogation issues appear.
• Learn Montana’s procedural deadlines — missing a filing deadline can forfeit your claim. See the Montana Code Annotated for deadlines and procedural rules: https://leg.mt.gov/bills/mca/