Can you recover past and future medical and therapy costs after an accident in Washington?

Detailed answer — Recovering medical and therapy expenses under Washington law

Yes. Under Washington law you can generally recover medically necessary expenses (past and future) and therapy costs if another party’s wrongful act or negligence caused your injuries. A successful claim requires proof that the defendant caused the injury, that the medical and therapy care was reasonable and related to the injury, and that the costs are supported by documentation.

What types of medical and therapy costs are recoverable?

• Past medical bills and therapy invoices already paid or billed (emergency care, hospital stays, doctor visits, imaging, prescription medications, physical therapy, mental-health therapy, home health care).
• Future medical and therapy expenses that are reasonably certain to be necessary because of the accident (ongoing physical therapy, surgery, durable medical equipment, long‑term rehabilitation, future psychiatric care).
• Related out‑of‑pocket costs such as mileage to medical appointments, travel, and rehabilitation-related home modifications, when supported by proof.

Key legal rules and deadlines

Washington’s general statute of limitations for personal injury claims is three years from the date of injury. See RCW 4.16.080 for the statute that governs actions for injuries to the person. If you wait too long, a court will likely bar your claim. Link: RCW 4.16.080.

Washington applies comparative fault when fault is shared. If the injured person is partly at fault, the court reduces the recovery by the plaintiff’s percentage of fault. See RCW 4.22.005. Link: RCW 4.22.005.

What you must prove to recover ongoing treatment costs

1. Causation: Show a causal link between the accident and your injury (treating provider notes, imaging, and medical opinions help).
2. Necessity and reasonableness: Establish that the therapy or treatment was medically necessary and the cost is reasonable compared with local standards.
3. Certainty of future expenses: For future treatment, present objective evidence such as a treating doctor’s prognosis, a life‑care plan, cost estimates, and expert testimony when needed.

Evidence that strengthens your claim

• Complete medical records and itemized bills. Include dates, provider names, CPT or procedure codes, and balances.
• Treatment plans and physician declarations that explain why future care is needed.
• Receipts for out‑of‑pocket costs (transportation, assistive devices, home care).
• Employment records and wage statements to show lost earnings tied to medical treatment.

Practical issues: liens, subrogation, and insurers

Be prepared for liens or reimbursement claims. Private health insurers, automobile insurers, Medicare, and Medicaid may seek repayment (subrogation or conditional-payment recovery) from any settlement or verdict. Federal programs like Medicare have specific timelines and procedures for resolving conditional payments; failing to address these can reduce the net recovery. Also, some medical providers may place liens against a settlement. You should identify all potential lien holders early and negotiate or resolve their claims as part of settlement talks.

Settlement vs. trial for future medical costs

Defendants and insurers often try to limit payouts for future care. You can protect against underpayment by:

• Presenting a detailed life‑care plan and supporting medical testimony.
• Requesting structured or periodic payments when future costs are large and long‑term.
• Refusing to sign releases until subrogation and lien issues resolve, or carving out future medicals from the general release when appropriate.

When to get legal help

If your injuries require ongoing care or if insurers dispute causation, the reasonableness of treatment, or claim offsetting liens, consult an attorney familiar with Washington personal injury law before signing any release. An attorney can help quantify future needs, handle subrogation claims, and meet procedural deadlines.

Helpful Hints

• Seek medical care immediately after an accident and follow all treatment recommendations. Delaying treatment weakens your claim.
• Keep organized copies of all medical records, bills, correspondences, receipts, and insurance communications.
• Ask treating doctors to explain in writing how your therapy relates to the accident and to estimate future care needs and costs.
• Do not sign an insurance settlement or medical release without understanding how it affects future medical claims and lien holders.
• Identify health insurers and government payers (Medicare/Medicaid) early so you can address subrogation or conditional payments promptly.
• Watch the clock: file suit before the statute of limitations runs. See RCW 4.16.080.
• If you may share fault, calculate how comparative fault under RCW 4.22.005 could reduce recovery.

Disclaimer: I am not a lawyer. This article provides general information about Washington law and is not legal advice. For advice specific to your situation, consult a licensed Washington attorney.