Detailed Answer — Recovering Medical and Therapy Costs After an Accident in Texas
Short answer: Yes. Under Texas law you can seek reimbursement for both past medical bills and reasonable, necessary future medical and therapy expenses caused by the accident. To recover future treatment costs you must prove the injury’s ongoing nature and show, usually through medical expert testimony, that the treatment is reasonably certain (or at least more likely than not) to be needed and what it will reasonably cost.
How recovery generally works
When you file a personal-injury claim in Texas, damages commonly claimed include past medical expenses (what you already paid or owe), future medical care and therapy (projected costs for treatment yet to occur), lost wages, and other losses. The jury or insurer awards these damages if you prove (1) the defendant was at fault, (2) the fault caused your injury, and (3) the amount of damages with reasonable certainty.
Past medical and therapy expenses
You can recover the reasonable value of medical care you received because of the accident — hospital bills, doctor visits, physical therapy, diagnostic testing, prescription medications, and similar treatment. Keep detailed bills, explanation of benefits (EOBs) from insurers, treatment notes, and receipts. The amount recoverable may be the billed amount or a reduced “reasonable value” depending on the evidence presented and any insurer or lien reductions.
Future medical and therapy expenses
Recovering future costs requires stronger proof. Texas courts require evidence establishing that future care is reasonably certain (or more likely than not) and an admissible method for calculating reasonable cost. Typical evidence includes:
- Testimony from your treating doctors or independent medical experts describing the injury, prognosis, and recommended future care (surgery, ongoing therapy, durable medical equipment, etc.).
- A reasonable cost estimate for the recommended care — often a physician’s testimony, cost-of-care tables, or a vocational/medical economist’s report.
- Evidence connecting the need for future care directly to the accident (causation).
Standards of proof and admissible evidence
Courts and juries look for reliable, admissible proof. Medical records and doctor testimony are central. Lay testimony (your own statements about pain and limitations) supports damages but usually cannot by itself establish the necessity or cost of future medical care — you generally need an expert medical opinion to link future treatment to the accident and to quantify likely costs.
Liens, subrogation, and health insurance considerations
If an insurer (private health plan, Medicare, Medicaid) or provider paid or expects to be paid for your care, they may have a right to reimbursement from your settlement or judgment (subrogation or lien). Federal programs like Medicare have strict recovery rules; private health plans commonly assert contractual or statutory subrogation rights. You should preserve and address these claims early — failing to account for liens can reduce your net recovery.
Statute of limitations and timing
Texas law limits the time to bring most personal-injury claims (normally a two-year statute of limitations from the accident date). See Texas Civil Practice & Remedies Code, Chapter 16. Waiting too long can bar recovery. For details, see the Texas statute on limitations: Tex. Civ. Prac. & Rem. Code § 16.003.
Comparative responsibility
If the plaintiff shares fault, Texas uses proportionate responsibility: the plaintiff’s recovery is reduced by the plaintiff’s percentage of fault. See Texas Civil Practice & Remedies Code, Chapter 33: Tex. Civ. Prac. & Rem. Code § 33.001.
Practical steps for proving ongoing medical and therapy expenses
- Seek and follow prompt medical care. Medical records created close to the accident create the strongest causal link.
- Get treating providers to document: diagnosis, treatment plan, expected need for future care, and estimated costs.
- Retain records of bills, receipts, EOBs, and any unpaid balances.
- Consider an expert (treating physicians, life-care planners, or medical cost economists) to testify about future needs and projected costs when appropriate.
- Notify insurers and preserve evidence (records, photos, witness statements).
- Talk to an attorney before settling if you have ongoing needs — settlements that ignore future expenses can leave you unpaid for long-term care.
What to expect in settlement vs. trial
Insurers often prefer settling. For future treatment, they may hire their own experts to challenge the need or cost. At trial, juries decide based on the evidence presented. A knowledgeable attorney can help frame future medical needs clearly and present cost evidence so a jury or adjuster can evaluate your claim.
Relevant Texas statutory references: Texas Civil Practice & Remedies Code, Chapter 16 (limitations): § 16.003; Chapter 33 (proportionate responsibility): § 33.001. For damages statutes and related provisions, see Chapter 41: Chapter 41.
When to consult an attorney
Consult a qualified Texas personal-injury attorney if:
- Your injuries are ongoing or will require future medical/therapy care;
- There are liens or subrogation claims from insurers or government programs;
- The defense disputes causation, the necessity of future treatment, or the cost estimates;
- You face limits on insurance coverage and significant future expenses.
Disclaimer: This article explains general principles of Texas law and is for educational purposes only. It is not legal advice and does not create an attorney-client relationship. For advice about your specific situation, consult a licensed Texas attorney.
Helpful Hints — Practical Steps to Maximize Recovery for Ongoing Medical and Therapy Costs
- Get immediate medical care and follow provider recommendations — gaps in treatment can hurt your claim.
- Keep all bills, receipts, EOBs, and a treatment diary (dates, symptoms, limitations, medications).
- Ask providers for written projections of future care and costs when treatment is likely to continue.
- Preserve communications with insurers; put important correspondence in writing.
- Learn whether your insurer or a government program (Medicare/Medicaid) has subrogation rights; resolve liens early.
- Don’t accept a full-and-final settlement without confirming it covers reasonable future care or consulting an attorney.
- Talk to a Texas personal-injury attorney before filing suit or signing release documents if future care is an issue.
- Watch the clock — most personal-injury claims must be filed within two years of the injury (see statute above).