Proving Future Medical Costs
As a dedicated car accident lawyer in North Carolina, Carl Nagle focuses on making sure that his clients receive complete compensation for all viable legal claims. We work on a contingency fee basis, meaning that we are paid a percentage of your settlement only if and when we secure a settlement offer that you accept. Our fee is 25% of settlement, less than the 1/3 or 33.33% that most firms charge. Further, to earn our fee, our objective is to INCREASE the amount that all insurance carriers pay for your injury claims. In a serious injury case, one of the best ways to collect a higher settlement is to secure and provide proof that injuries are lasting or permanent, and to then collect and present evidence to show the future costs that the injuries will impose on you and your family.
Mr. Nagle brings over 20 years of experience to his legal representation of motor vehicle accident victims, and he has helped people throughout North Carolina, including in Winston-Salem, Wilmington, and Asheville. As Mr. Nagle pursues damages on behalf of clients, he appreciates the importance of setting forth evidence that attests to the full impact of their harm. Maximizing compensation for clients is important because it provides for financial security, alleviating this source of stress for victims and their families. In some personal injury cases, there may be issues concerning whether there are adequate funds for future medical treatment. Accident victims may be concerned about future costs, particularly when they are facing ongoing serious disabilities. Since our firm only handles traumatic injury cases, we have working relationships with a range of highly experienced professionals. Mr. Nagle’s success is evident in Nagle & Associates’ ability to recover hundreds of millions of dollars on behalf of accident victims throughout North Carolina.
Proving Future Medical Costs in a Personal Injury Claim Following a Crash
As the plaintiff in a personal injury lawsuit, the burden remains on the injured victim to come forward with admissible evidence to establish and prove all money damages resulting from the accident. Often, insurance companies will dispute whether the accident caused a victim’s injuries. Our task as counsel for the victim is to highlight medical evidence which proves that injuries indeed arose from the subject collision, that any pre-existing conditions were worsened by the accident, and to show all past and future medical care costs that will be incurred over the balance of our client’s life. We do this by carefully culling medical records and evidence, by seeking additional answers and medical opinions whenever necessary, and by working with vocational rehabilitation experts, economists and certified life care planners who can provide exact cost estimates of all necessary future medical needs.
Interpreting and developing medical evidence is critical to a successful claim for future medical costs. Future medical expenses must be proven to be reasonably necessary, and the exact type of treatment and the related cost of each treatment modality should be set forth in a clear manner. In most cases, a qualified medical expert testifies as to the necessity of future medical care. While doctors typically seek to avoid being involved in lawsuits or trials, we work diplomatically with them with an eye toward securing thorough and truthful medical testimony without any major imposition on the physician’s schedule or medical practice.
The need for future medical care must be established by competent and admissible evidence. In other words, experts cannot state that future treatment might be necessary; the need for care must be very likely and reasonably certain. If the victim fails to meet the burden of proof that would be required in a trial setting, there is little chance of motivating the insurance carriers to pay a fair settlement. Thus, in serious injury cases involving ongoing medical needs, great care should be taken to establish proper evidence before the claim is first submitted to all responsible parties and their insurance carriers.
Due to the nature of car accident injuries, victims may require a range of expert opinions to fully set forth their future medical needs. In catastrophic injury cases, victims may set forth a life-care plan. Working with neurosurgeons, internal medicine specialists, vocational rehabilitation specialists, and pain management specialists, an accident victim can present strong documentation that compels an at-fault party or their insurer to pay for their losses. These losses often include ongoing medical care, modifications to their home, and other costs that are required to manage permanent injuries or a disability.
In some situations, the extent of future medical costs may be inferred from other evidence. For example, a judge or jury might deduce that an individual rendered disabled by an accident will likely require ongoing medical treatment. However, in every case, inferences should not be relied upon. Always make sure that you have uncontestable medical evidence when the case involves future medical needs or future lost earning capacity.
Explore Your Legal Options with a Skilled Raleigh Attorney Following a Car Accident
Retaining a firm that has experience helping victims of serious motor vehicle collisions is the first step to securing future medical costs. Attorney Carl Nagle and his staff work on a contingency basis, meaning that they collect legal fees only if and when they collect money on behalf of clients. Since we strive to leave clients financially stable, we also charge a smaller legal fee than other personal injury law firms: one-quarter as opposed to one-third of a final award obtained through a settlement. It is important that accident victims understand that they are entitled to reasonable medical treatment. Motor vehicle collision attorney Carl Nagle ensures that clients do not risk further harm by accepting an insurance company’s offer of treatment that may not meet their needs. To begin the process of understanding your legal rights and advancing your right to recover damages, contact our office to speak with Mr. Nagle. We can be reached by calling (800) 411-1583 or using our online form to set up a free consultation. Our seven offices serve victims and their families in Asheville, Raleigh, Wilmington, Winston-Salem, Hickory, Charlotte, and Greensboro, as well as other areas of Brunswick, Forsyth, Wake, Mecklenburg, Guilford, Durham, Cumberland, New Hanover, and Catawba Counties.