Short answer
You can generally recover past and reasonably certain future medical and therapy expenses that result from another party’s fault. To do that under Wyoming law you must prove the injury was caused by the accident, document the costs, and quantify future treatment with credible evidence. Recovery can be reduced by your own fault and may be subject to liens or subrogation by insurers or government health programs.
How recovery works: the basics
In a negligence-based accident claim, damages fall into two main categories: economic and non‑economic. Medical and therapy expenses are economic damages. Economic damages are awarded to compensate for quantifiable losses such as:
- Past medical bills (ER, hospital stays, surgeries, imaging, medications).
- Past therapy and rehabilitation costs (physical therapy, occupational therapy, mental-health counseling).
- Future medical and therapy expenses that are reasonably certain to be needed because of the accident.
What you must prove
To recover medical and therapy costs you generally must show:
- Liability: the other party was legally responsible for the accident.
- Causation: the accident caused the injuries that led to the treatment.
- Damages: you actually incurred medical or therapy costs, or there is credible evidence you will incur them in the future.
Proving causation and future need often requires medical records, treating-provider statements, and sometimes expert testimony from physicians, therapists, or life‑care planners.
Documenting past expenses
Strong documentation makes claims easier to value and settle:
- Collect medical records, itemized bills, receipts and explanation of benefits (EOBs).
- Get written notes and diagnoses from treating providers. Ensure dates and provider names are complete.
- Maintain a contemporaneous log of symptoms, therapy sessions, medications, and out‑of‑pocket costs (copays, mileage, equipment).
Proving future medical and therapy expenses
Courts and insurers will look for objective support for future care claims. Useful evidence includes:
- Treating physician’s prognosis and a written treatment plan with estimated costs and frequency.
- Expert reports when injuries are complex or future needs are disputed (e.g., life‑care planners, vocational experts, medical specialists).
- Cost estimates based on current local treatment rates and realistic timelines for recovery or permanent care.
How fault affects recovery
If you were partly at fault, your recoverable damages will be reduced to reflect your share of fault. That means if a jury or settlement determination finds you partially responsible, your award for medical and therapy expenses will be reduced proportionally.
Liens, subrogation, and Medicare/Medicaid issues
Recovering money in a settlement or judgment does not always mean you keep the full amount. Common deductions include:
- Health insurer subrogation: private insurers that paid your bills may claim reimbursement from your recovery.
- Medical-provider liens: some hospitals and providers can assert liens against a settlement.
- Medicare/Medicaid: federal and state programs have strict rules. Medicare requires conditional-payment recovery and may demand reimbursement out of your settlement. Settlements that involve Medicare beneficiaries often require reporting to and approval from Medicare’s recovery contractor.
Addressing liens and subrogation early helps avoid surprises. If Medicare or Medicaid is involved, you or your attorney must report the settlement and resolve repayment obligations before releasing funds.
Settlement vs. trial
Most injury cases settle. Insurance companies value claims based on medical records, future-care estimates, lost wages, and non‑economic damages like pain and suffering. Negotiations often involve:
- Demand letters with documentation summarizing past bills and projected future care.
- Medical summaries or independent medical examinations (IMEs) if the insurer requests them.
- Structured settlements or lump-sum payouts, sometimes with allocations for future care.
If parties cannot agree, a trial will let a judge or jury decide the compensation, but trials take longer and carry more risk and expense.
When workers’ compensation or other systems apply
If injuries happened at work, workers’ compensation is usually the first route for medical care and wage replacement. In some cases you may have a separate third‑party claim against a negligent non‑employer; that claim can sometimes recover damages beyond workers’ comp (including pain and suffering) but may be reduced by workers’ comp benefits or subject to subrogation.
Practical steps to strengthen your claim
- Seek prompt medical care and follow provider recommendations. Gaps in treatment can weaken your claim.
- Keep thorough records of all bills, therapy sessions, transportation, and out‑of‑pocket costs.
- Ask treating providers for written opinions about the necessity of future care.
- Notify your health insurer and check how it handles subrogation claims.
- Keep communications with insurers in writing and avoid admitting fault.
- Consult a Wyoming personal-injury attorney early—especially if your injuries are ongoing or future care will be substantial.
How an attorney can help
An attorney can:
- Collect and present records that prove causation and quantify future costs.
- Work with medical and life‑care experts to produce credible future-cost estimates.
- Navigate lien and subrogation issues with insurers, Medicare, and providers.
- Negotiate settlements or represent you at trial if needed.
Resources
- Wyoming Legislature — main site for statutes and code: https://wyoleg.gov/
- Centers for Medicare & Medicaid Services (Medicare reporting and recovery): https://www.cms.gov/
Helpful Hints
- Get medical care now and keep every bill and receipt in a dedicated folder.
- Ask your treating provider for a written plan if you will need ongoing therapy or future surgeries.
- Keep a symptom journal—dates, pain levels, therapy progress and setbacks.
- Notify any treating clinic that its records may be used for an insurance claim so the paperwork is complete and detailed.
- Do not sign settlement documents until you understand how liens and subrogation will be handled.
- Discuss Medicare/Medicaid obligations right away if you receive benefits; failing to resolve conditional payments can create future liability.
- Contact a Wyoming attorney before giving recorded statements or accepting first offers from insurers—those offers are often less than full value.