Detailed answer: Can you recover medical and therapy expenses for ongoing injuries?

Short answer: Yes. Under North Dakota law, if another party’s negligence or wrongful act caused your injuries, you can generally recover reasonable and necessary past and future medical and therapy expenses that relate to those injuries. Recovery requires proving liability, causation, and the amount of damages. Different rules may apply when insurance, government health benefits, or special statutes intersect with your claim.

What kinds of medical and therapy costs are typically recoverable?

• Past medical bills: emergency care, hospital stays, surgery, imaging (X‑rays, MRIs), doctor visits, medication, and therapy already received.
• Future medical and therapy costs: projected ongoing physical therapy, occupational therapy, counseling, future surgeries, durable medical equipment, and home health care if a medically reasonable projection supports those needs.
• Associated costs: transportation to medical appointments, modifications needed in the home or vehicle for a disability, and sometimes attendant care costs.

What you must prove

To recover these expenses you generally need to show:

1. Liability: The defendant was negligent or otherwise legally responsible (for example, failure to follow traffic laws, careless acts, or other tortious conduct).
2. Causation: Your medical and therapy expenses were caused by (or were a reasonably certain result of) the accident or incident.
3. Damages and reasonableness: The expenses were reasonable and necessary. Courts commonly require medical records, billing statements, and expert testimony linking treatment to the accident and supporting any projection of future care.

How future medical and therapy expenses are proved

Courts and insurers typically expect an evidentiary record for future costs. That record commonly includes:

• Medical records and treating provider statements describing your injuries and treatment plan.
• Expert testimony, such as from physicians, physical therapists, or life‑care planners, estimating the scope and cost of future care.
• Itemized cost estimates or receipts for comparable services or equipment.

How other payers affect recoveries (liens and subrogation)

If an insurer (private, Medicare, Medicaid, or other third party) paid for your treatment, that payer may have a right to reimbursement from your recovery. Expect the following to be addressed during settlement or litigation:

• Health insurer subrogation: Private insurers often assert a contractual right to be reimbursed from the claim proceeds.
• Medicare/Medicaid: Federal programs have strict rules requiring you to notify them and protect their interests. Failure to address these can jeopardize benefits and create future liability.
• Medical provider liens: Some hospitals or providers may assert liens against settlement funds. North Dakota has procedures that affect timing and priorities for resolving liens.

Timing: Statute of limitations

You must file a lawsuit within North Dakota’s time limits for personal injury claims. Missing the deadline can bar your right to recover. See the North Dakota limitation-of-actions rules for personal injury at the North Dakota Century Code, Title 28 (Limitation of Actions): N.D.C.C. Title 28, Chapter 01. Because exceptions and tolling rules exist, consult an attorney promptly to preserve your claim.

Comparative fault and how it affects recovery

If you share fault for the accident, North Dakota’s comparative fault rules reduce your recoverable damages by your percentage of fault. This means if you are partially responsible, your recovery for medical and therapy costs will be reduced proportionally.

Practical steps to protect recovery of medical and therapy expenses

1. Seek prompt medical care and follow recommended treatment. Gaps or missed appointments make it harder to prove ongoing need.
2. Keep thorough records: bills, receipts, appointment summaries, prescriptions, and a treatment diary describing pain and functional limits over time.
3. Obtain clear medical opinions that tie your therapy and future care needs to the accident.
4. Notify any health insurers about potential claims so subrogation rights can be resolved during settlement negotiations.
5. Preserve evidence of the accident scene, contact information for witnesses, and any communications with insurers or the other party.

When specialized rules may apply

Certain kinds of claims have special procedural or damages rules. For example, medical‑malpractice claims, workers’ compensation claims, and claims against government entities may have unique notice requirements, caps, or recovery procedures. If your case falls into one of these categories, those special rules may affect how (and whether) you recover medical and therapy costs.

When to consult an attorney

Talk to a North Dakota personal injury attorney if you:

• Face disputes about liability or the necessity of ongoing therapy.
• Have complex future-care needs that require expert cost projections.
• Are dealing with insurer subrogation, Medicare/Medicaid interests, or provider liens.
• Are close to the state filing deadline or have a potential claim against a government entity.

Helpful Hints

• Document everything: treatment records, bills, appointment notes, and how your injuries affect daily life.
• Ask treating providers to explain in writing how their treatment relates to the accident and if they expect continued care.
• Keep copies of payments and explanation of benefits (EOB) from insurers—these help quantify past costs and identify subrogation interests.
• Do not sign settlement documents without understanding how they resolve medical liens or insurer reimbursement claims.
• Start the process early—timely medical care and early evidence preservation strengthen claims for future therapy and ongoing needs.
• Consider an independent life‑care planner or treating physician testimony to support claims for long‑term therapy or equipment.
• If you have Medicare or Medicaid, notify the appropriate agency early; federal rules require protection of those program interests.
• Check the North Dakota limitation of actions rules soon: https://www.legis.nd.gov/cencode/t28c01.pdf