Many clients over the last 30 years have asked me this question, and the answer to the question is "no."
If the at-fault driver’s insurance company believes that its driver is at fault and they want to settle the case, they want to settle all personal injury-related claims at one time. (They will usually settle property damage claims separately.) They will not agree to leave open the issue of future medical expenses.
Thus, if a medical doctor says you will probably need a future medical treatment because of the injuries you sustained in the wreck, the cost of that medical treatment and related damages can be part of settlement negotiations. If the doctor says that future medical treatment is possible, then the amount of the possible medical treatment cannot be included.
If there is a trial, the court will allow testimony only on whether a future medical treatment is probable and, if a doctor says it is, then the court will allow presentation of evidence on the cost of the medical treatment and related damages.
I hasten to add that Tennessee worker’s compensation cases are different and, in those cases, it is very common that the employer bears the responsibility of paying future medical bills related to the injury even after a settlement or trial. Be sure to ask your worker’s compensation lawyer what responsibility the employer will have for your future medical bills before you accept any settlement proposal.
At the Law Offices of John Day, P.C., we make it a point not only to know the law but educate our clients about the law that is applicable to their case. We believe that helping out clients understand the law helps them make more informed decisions about their case and how it should be resolved.
Let us know if we can help you with your Tennessee personal injury case. Call me toll-free at 866-812-8787 or fill out our Contact Form and we will promptly call you.