Recovering Medical and Therapy Costs After an Accident in New Hampshire

The information on this site is for general informational purposes only, may be outdated, and is not legal advice; do not rely on it without consulting your own attorney. See full disclaimer.

Can I recover my medical and therapy expenses for ongoing injuries in my accident claim?

Disclaimer: This is general information and not legal advice. Consult a licensed New Hampshire attorney about your specific situation.

Detailed Answer

Short answer: Yes — under New Hampshire law you can generally seek recovery of both past medical expenses and reasonable future medical and therapy costs that flow from an accident, so long as you can prove that the treatment was caused by the accident and that the costs are reasonable and necessary.

What kinds of medical and therapy costs are recoverable?

  • Past medical bills: hospital stays, surgeries, doctor bills, physical therapy, chiropractic care, psychological or counseling therapy, prescription medications, medical equipment.
  • Future medical costs: any reasonably certain future care a medical professional says you will need because of the accident — e.g., ongoing physical therapy, future surgeries, long‑term rehabilitation, assistive devices, and future mental‑health treatment.
  • Related out‑of‑pocket costs: mileage to appointments, home modifications and attendant care if reasonably necessary and causally related to the injury.

What you must prove

The key elements you (or your lawyer) must prove to recover medical and therapy expenses are:

  1. Causation: The medical treatment was caused by the accident (you must show a link between the accident and the injury/treatment).
  2. Reasonableness and necessity: The treatment and its cost were necessary and customary for the injury.
  3. Amount: You must document the amounts paid or billed and, for future care, provide expert estimates or testimony establishing the likely cost.
  4. Timing: You generally must pursue your claim within the state’s filing deadline (statute of limitations).

How are future therapy and medical costs calculated?

Recovering future costs usually requires expert proof:

  • A treating physician, rehabilitation specialist, or life‑care planner typically prepares an opinion about what future care you will need and why.
  • Experts or actuaries often convert those future costs into a present dollar value so a jury or judge can award a lump‑sum amount.
  • The court or insurer will look for reliable documentation: treatment plans, price lists, and testimony supporting the projected frequency, duration, and cost of future care.

How payments by insurance or other sources affect recovery

Three common practical issues arise:

  • Health insurance payments: If an insurer or health plan paid your bills, that insurer may have subrogation or reimbursement rights. That means the insurer can claim some or all of any recovery. The exact rules depend on the plan and whether federal ERISA rules apply. You must disclose liens and reimbursements when settling.
  • Medicare/Medicaid: Federal programs have mandatory recovery rules and liens. If they paid for care, you must resolve their claims.
  • Medical provider liens: Some providers can place liens for unpaid bills and may pursue payment directly from a settlement or judgment.

Effect of fault (comparative negligence)

In New Hampshire, fault affects how much you can recover. If you share fault for the accident, your damages will be reduced by your percentage of fault. That reduction applies to medical and therapy awards as well as other damages.

Settlement vs. trial

Most injury claims are resolved by settlement. To maximize recovery for ongoing therapy you should:

  • Keep thorough records of current treatment and obtain an expert opinion about future needs and costs.
  • Address liens and insurer subrogation early so they don’t derail settlement.
  • Consider structured settlements or earmarked funds if future care costs are large and ongoing.

Practical examples (hypothetical)

Example 1: You broke your leg in a car crash, had surgery, and now need weekly physical therapy for 18 months. The treating doctor provides a treatment plan and cost estimate. With medical bills and the expert opinion, you can demand past bills plus the present value of the 18‑month therapy plan.

Example 2: You suffered a concussion and now have ongoing cognitive therapy and counseling. A neuropsychologist documents that therapy is required for at least three years. That expert testimony supports recovery for future therapy, subject to documentation and proof of reasonableness.

When to call an attorney

Contact a New Hampshire personal injury attorney if you have ongoing care needs, face lien or subrogation claims, or if fault is disputed. An attorney can gather evidence, arrange expert opinions, negotiate with insurers, and protect your rights at settlement or trial.

Helpful Hints

  • Keep all medical records, itemized bills, receipts, prescriptions, and appointment notes. Organized records speed claims and strengthen proof.
  • Ask your treating providers to state in writing whether each treatment is related to the accident and whether they expect additional future care.
  • Get one or more expert opinions for projected future care and cost estimates (treating physicians, life‑care planners, or vocational experts as needed).
  • Notify your health insurer and save explanation of benefits (EOBs). Know whether your plan has subrogation rights.
  • Don’t accept the first settlement offer. Insurers often undervalue future care. Ask for full documentation and a reasoned evaluation of future needs before you sign anything.
  • Watch filing deadlines. Don’t delay in preserving your right to sue — delays can forfeit your claim.
  • If government benefits (Medicare/Medicaid) paid for care, disclose this early; federal rules may require repayment from any recovery.
  • Consider negotiating lien reductions. Many providers will accept partial payment to release a lien and allow a clean settlement distribution.

Want tailored guidance? Talk with a New Hampshire attorney who handles personal injury claims. They can assess proof needs, evaluate liens/subrogation, and help secure compensation for both current and future medical and therapy costs.

Reminder: This article explains general principles and does not replace legal advice. For advice about your accident claim in New Hampshire, consult a licensed attorney.

The information on this site is for general informational purposes only, may be outdated, and is not legal advice; do not rely on it without consulting your own attorney. See full disclaimer.