Can I recover my medical and therapy expenses for ongoing injuries after an accident?

Short answer: Yes—under Tennessee law you can seek recovery of both past medical bills and reasonably certain future medical and therapy costs caused by someone else’s negligence. To recover those damages you must prove the accident caused your injuries, document the expenses, and show future care is reasonably certain. You should act promptly because legal deadlines and insurer or lien claims can affect your recovery.

Disclaimer

This article is educational only and not legal advice. I am not a lawyer. If you need advice for your situation, consult a licensed Tennessee attorney.

Detailed Answer — How recovery of medical and therapy expenses works in Tennessee

What kinds of medical and therapy expenses can you recover?

• Past medical expenses: emergency care, hospital bills, doctor visits, diagnostic testing (X‑rays, MRI), prescription medicine, physical therapy and chiropractic care you already received.
• Future medical and therapy expenses: reasonably certain ongoing treatment such as additional surgeries, future physical therapy, long‑term medication, durable medical equipment, or home care reasonably expected because of the accident.
• Related economic losses: lost wages for missed work and reduced future earning capacity when tied to the injury.

What you must prove to recover those expenses

To recover medical and therapy costs, Tennessee courts require proof of three basic things:

1. Liability — that another party caused the accident through negligence or other legal fault.
2. Injury — that you suffered physical injury as a result of the accident.
3. Damages — the medical and therapy expenses were caused by the accident and are reasonable in amount.

Evidence that typically proves these elements includes police reports, medical records, itemized medical bills, testimony from treating providers, and (for future care) expert testimony such as a treating physician’s prognosis or a life‑care planner who outlines expected future needs and costs.

Proving future medical and therapy costs

For ongoing or future care you will generally need more than a statement of expected costs. Tennessee courts commonly require competent medical testimony to show that future treatment is reasonably certain (not speculative) and to calculate a reasonable dollar amount. Treating doctors can often provide the necessary opinion; in more complex cases, a life‑care plan or economic expert may be used to quantify future costs.

How juries and insurers treat medical bills

Juries and insurers consider itemized, supported medical expenses more persuasive than unaudited or vague estimates. Medical bills tied to contemporaneous medical records and provider notes — showing diagnosis, treatment plan, and connection to the accident — are crucial. If bills are unpaid, courts still recognize the value of reasonable charges; if bills were written off or discounted, you may only recover reasonable value rather than the billed amount unless you can show the billed figure reflects the reasonable value of services rendered.

Offsets, subrogation, and medical liens

If an insurer, employer health plan, Medicare, or Medicaid paid medical bills, they may claim reimbursement from your settlement or award under subrogation or lien rights. Tennessee has statutory and common‑law rules that affect how those claims are enforced and sometimes require notice or court approval to reduce those liens. When a lien exists, you often must negotiate with the lienholder or obtain court guidance to allocate settlement proceeds among medical providers, lien claimants, and your recovery for pain and suffering.

Effect of your own fault

If you were partly at fault for the accident, Tennessee law will reduce your monetary recovery by your percentage of fault. That means if you are assigned a percentage of responsibility, your recoverable medical and other damages will be reduced accordingly.

Timing and deadlines

Personal injury claims are subject to statute of limitations and procedural deadlines. You should not delay pursuing a claim; delays can hurt evidence preservation, the ability to obtain timely medical opinions about future care, and compliance with filing deadlines. To find the applicable Tennessee statute of limitations and confirm deadlines that apply to your case, consult the Tennessee Code and, when in doubt, a Tennessee lawyer.

For general access to Tennessee statutes, see the Tennessee Code compiled laws: https://www.capitol.tn.gov/legislation/compiledlaws/.

Typical evidence and documents you should gather now

• Police or accident reports
• All medical records and itemized bills tied to the injury
• Provider notes showing diagnosis and recommended future treatment
• Receipts for prescriptions, therapy co‑pays, transportation to medical appointments
• Proof of lost wages and employment records
• Photographs of injuries and accident scene
• Contact details for treating providers and witnesses

How a typical claim or case proceeds

1. Immediate care and documentation: seek prompt treatment and keep all records.
2. Demand and negotiation: after treatment stabilizes, you or your attorney send a demand package with records and a damages calculation to the insurer or responsible party.
3. Settlement or litigation: many claims settle after negotiation. If not, you may file suit and present evidence (including expert testimony) to prove future costs at trial.
4. Handling liens: negotiate or resolve subrogation and lien claims before distributing settlement funds.

Helpful Hints

• Start medical care immediately and follow doctors’ orders. Gaps in treatment can be used to argue your injuries are not serious.
• Keep a treatment journal that records pain levels, therapy sessions, limitations, and how the injury affects daily life; this supports claims for ongoing care and non‑economic damages.
• Get clear, written prognoses from treating physicians about likely future care and cost ranges.
• Obtain itemized bills and explanation of benefits (EOBs) from insurers to track payments and potential lien sources.
• Ask any medical provider about liens or expectations of payment from a future recovery; some providers assert liens and others write off balances—understanding this early helps settlement planning.
• Do not give recorded statements to an insurer without knowing how the statement will be used; obtain legal advice first if possible.
• Contact a Tennessee attorney early if your future care is likely to be substantial; attorney help can preserve evidence, secure expert opinions, and negotiate liens.

Where to learn more

For statutory text and leads on Tennessee law, visit the Tennessee Code compiled laws: https://www.capitol.tn.gov/legislation/compiledlaws/. For help finding local attorneys familiar with injury claims and medical lien issues, consider the Tennessee Bar Association or local county bar referral services.