If you have suffered injuries due to someone else’s negligence in Mississippi, you may be able to recover compensation for your damages in a personal injury lawsuit. These damages may include the cost of past and future medical treatment, lost wages, and pain and suffering caused by the accident.
However, recovering compensation for future medical treatment can be more complex than seeking compensation for past medical expenses. In this article, we’ll look at how Mississippi law allows injured parties to claim compensation for their future medical care needs.
Table of Contents
Seeking Compensation for Future Medical Expenses
When seeking compensation for future medical expenses, an injured party must prove the costs are reasonably certain to be incurred. To do this, the plaintiff (injured party) needs evidence to support their claim. This evidence might include:
- Medical records and expert testimony showing the plaintiff’s future medical needs
- Medical opinions regarding the necessity and cost of future medical care, and
- Cost estimates from providers for future medical treatment.
Expert testimony is often required to estimate future medical costs accurately. Medical professionals, such as doctors and nurses, provide expert testimony about required future medical care and potential complications. Financial experts, such as economists, provide testimony about the costs of various treatments and the costs of medical care over several years.
The plaintiff might also need to provide the court with evidence regarding their loss of earning capacity and how future medical treatment will affect their work and quality of life.
Mississippi Law on Future Medical Expenses
Mississippi law allows injured parties in personal injury cases to recover compensation for future medical costs. However, the plaintiff must show that they need the medical care and that the future costs are reasonably certain to be incurred.
Standard Jury Instruction: Future Medical Expenses
The Standard Jury Instruction sets out that the plaintiff must show that:
- They will need medical care or treatment in the future
- The medical care or treatment is necessary as a result of the defendant’s wrongful acts or omissions
- The cost of that medical care or treatment is reasonably certain to be incurred in the future, and
- The amount of money required to pay for the future medical expenses.
Guidelines for Future Medical Expenses
Mississippi law allows courts to use two different approaches when calculating future medical expenses:
- The total estimated cost for medical treatments and care is calculated by finding the present value of the future medical expenses. This method is known as the "Commutation approach."
- The total estimated cost for future medical care is calculated by estimating the cost of care over a predetermined period and adjusting the amount for inflation. This method is known as the "Inflation approach."
Conclusion
Recovering compensation for future medical expenses in Mississippi requires the plaintiff to prove that the costs are reasonably certain to be incurred. This may include expert testimony and cost estimates for future medical treatment. The plaintiff must also provide evidence regarding their loss of earning capacity and how future medical treatment will affect their quality of life.
If you have a personal injury case involving future medical expenses, it is essential to work with an experienced personal injury attorney who can help gather the necessary evidence and build a strong case to maximize your potential compensation. With the right legal representation, you can pursue the compensation you need to cover all of your medical expenses and other related damages.