How medical and therapy costs are recovered after an Ohio accident

Short answer: In Ohio you can generally recover past and future medical and therapy expenses caused by another party’s negligence, but you must prove causation, reasonableness, and the amount with clear documentation and, for future care, competent medical testimony. This is informational only and not legal advice.

Detailed answer: what you must show to recover medical and therapy expenses

1. Types of damages you can seek

In an Ohio personal-injury claim, recoverable economic damages commonly include:

• Past medical expenses (hospital bills, ER visits, physician fees, imaging, prescriptions).
• Past and ongoing therapy costs (physical therapy, occupational therapy, mental-health counseling when related to the injury).
• Reasonable future medical and therapy expenses that are likely to be required because of the injury.
• Other economic losses such as lost wages and reduced earning capacity.

2. Causation and proof

To recover these amounts you must show all of the following by a preponderance of the evidence:

• Causation: The medical/therapy care was caused by (or reasonably related to) the accident.
• Reasonableness and necessity: The treatment was appropriate for the injury and not excessive.
• Amount: You can prove the cost with bills, itemized statements, receipts, and provider testimony.

For future medical and therapy costs, courts typically require testimony from a treating health care provider or a qualified medical witness that outlines the expected type of care, frequency, and likely cost. The testimony should link the future care to the accident and provide a reasonable estimate of expense.

3. Records and evidence to collect

Strong proof helps your claim. Collect and preserve:

• All medical records and itemized bills (hospital, clinic, therapy, imaging, prescriptions).
• Therapist progress notes and treatment plans showing ongoing need.
• Expert or treating provider letters estimating future care and costs.
• Receipts for out-of-pocket payments, mileage to appointments, and related expenses.
• Employment records showing lost income or reduced hours, if applicable.

4. Health insurance, subrogation, and liens

If an insurer, Medicare, or Medicaid paid some of your medical bills, the insurer may have a right of subrogation or lien to recover amounts from any settlement or judgment. That reduces the net recovery you receive. You and any attorney should identify potential payors early and factor liens into settlement discussions. Ohio-specific procedures and obligations vary by payer and program.

5. Timing — statute of limitations

Most personal-injury claims in Ohio must be filed within two years from the date of injury. This is set out in Ohio Revised Code § 2305.10. If you wait too long, the court can dismiss your case and bar recovery. See the statute: Ohio Rev. Code § 2305.10.

6. Settlement vs. trial considerations

Insurers often try to limit payments for future care. A full settlement typically requires estimating future medical needs and negotiating how liens will be paid. If you go to trial, a jury decides damages based on the evidence. Strong, documented medical testimony increases the chance of recovering reasonable future expenses.

7. When to get an attorney

Consider speaking with a personal-injury attorney if:

• Your injuries are ongoing or likely to require future care.
• You have disputes with insurers about causation, reasonableness, or the amount of care.
• There are potential Medicaid, Medicare, or other lien/subrogation issues.
• You face a large or complicated claim for future lost earning capacity.

An attorney can help gather proof, work with medical experts to estimate future costs, and negotiate lien resolution. This is educational information only and not legal advice.

Helpful Hints

• Start documenting medical care immediately: keep every bill, receipt, prescription, and appointment note.
• Ask each treating provider for a written treatment plan and, if needed, a written opinion about future care and costs.
• Keep a treatment diary: record symptoms, therapy progress, and how the injury affects daily life and work.
• Notify your health insurer and any other payors promptly, and keep records of what they paid.
• Preserve evidence from the accident (photos, witness names, police reports) to strengthen causation proof.
• Be aware of the two-year filing deadline under Ohio law: see Ohio Rev. Code § 2305.10.
• Before settling, ask for a written breakdown showing how liens, subrogation, or repayments to insurers will be handled so you know your net recovery.
• If you receive Medicare or Medicaid benefits, check potential repayment obligations and report the settlement to the appropriate agency.

Disclaimer: This article is for general information only and does not constitute legal advice. It does not create an attorney-client relationship. For advice on your specific situation, consult a licensed Ohio attorney.