How Future Medical Expenses are Handled in Personal Injury Claims in Oregon

Future medical expenses are often a critical component of personal injury claims, especially when a victim has suffered a catastrophic injury. At Johnson and Taylor, we help personal injury clients throughout Oregon pursue compensation that can safeguard their long-term health and financial security. Our personal injury attorneys help you understand the ins and outs of how to calculate future medical expenses and how they may impact a settlement or award.

Types of Future Medical Costs

Future medical expenses can include many different treatments, services, and items, including:

  • Diagnostic testing
  • Medication
  • Surgery
  • Hospitalization
  • Doctor’s appointments
  • Rehabilitation and therapy
  • Mental health treatment
  • Nursing home care
  • Medical Equipment
  • Prostheses
  • Assistive devices
  • Home modifications

Each person’s needs are different. For example, someone who loses a leg in a car accident will likely need a prosthesis and home modifications, while a victim who sustains a traumatic brain injury in a slip and fall incident may need ongoing treatment with a neuropsychologist. Our personal injury lawyers take all the specifics of your situation into account and ensure the cost of all necessary future medical treatment and services are included in the total settlement amount.

Assessing Future Medical Needs

To accurately calculate future healthcare costs, it’s vital to determine what an injured victim’s future medical needs will be. An injured party typically undergoes a thorough medical evaluation in which healthcare professionals determine the extent of the person’s injuries, their prognosis for recovery, and the anticipated medical treatments and interventions that may be needed in the future.

This evaluation may involve physical examinations, diagnostic tests, and consultations with medical specialists. Some common factors that are often considered by health care providers and medical experts are chronic pain, mobility limitations, the need for ongoing therapy, and the risk of future medical complications.

In addition, our personal injury lawyers may call on the expertise of a life care planner to help estimate future medical expenses. Life care planners specialize in assessing the future medical and non-medical needs of people with catastrophic injuries. They develop comprehensive plans outlining specific medical treatments, rehabilitation, medications, services, assistive devices, and accommodations required over the injured person’s lifetime.

Documentation of Past Medical Expenses

Treatment records and the costs of past medical expenses can also help our personal injury attorneys and experts accurately estimate future medical costs. This may include medical records, bills, invoices, receipts and statements from physicians, hospitals, therapists, and other healthcare providers.

What is Present Value Calculation?

Future medical expenses are often converted into present value to help assess future medical expenses in today’s dollars. An economist or another financial expert may be consulted to perform present value calculations and assess the financial impact of future medical costs. Present value calculation considers factors such as age, life expectancy, inflation, interest rates, and estimated annual costs of care.

Negotiating Future Medical Costs in a Personal Injury Settlement

Future medical expenses are often a significant element of the total amount of damages sought in a personal injury claim. Unfortunately, most insurers fight tooth and nail to avoid paying adequate settlement amounts, and may claim that your injury isn’t that severe or is due to a preexisting condition.

During settlement negotiations, your personal injury lawyer will provide evidence and documentation that supports the amount they are asking for future medical expenses. If your case goes to trial, this evidence will be vital to convincing a judge or jury whether to award the full amount of compensation you’re seeking for future medical expenses.

Future Medical Bills and Structured Settlements

 In cases involving significant future medical costs, an injured victim may opt to get paid via a structured settlement instead of a lump sum. With a structured settlement, you receive payments over time, which helps to ensure you have the funds for future medical costs and other needs.

Hire an Experienced Attorney to Determine Future Medical Expenses in Oregon

Determining future medical costs in personal injury claims requires careful consideration of many different factors. Our skilled personal injury attorneys can help you pursue compensation that will fully cover your ongoing medical care and protect your long-term well-being. With proper documentation of past treatment costs and the input of medical and financial experts, they can create compelling arguments for future medical expenses in Oregon.

Our attorneys often employ a collaborative negotiation style, which can help save a significant amount of time and headaches, court expenses, and attorney fees. However, if litigation is necessary, we’ll fight to get the results you need and deserve.

Our personal injury lawyers serve clients in Salem, Eugene, Bend, the Oregon Coast, Medford, and throughout Oregon. Our team litigates probate and estate planning and divorce and family law matters as well.

Contact Our Personal Injury Lawyers in Salem, Oregon

At Johnson and Taylor, we care about your long-term health and happiness, and won’t back down when it comes to advocating for your rights and interests. Our team is proud to offer quality legal representation to our Spanish-speaking clients. To schedule a free consultation with our personal injury attorneys in Salem, OR, contact us or call 503-990-6641.

Benefits of Hiring an Estate Planning Attorney in Oregon

Proper estate planning protects your interests and can make a challenging time easier for your loved ones after your passing. Each situation is unique, and estate planning is not a one-size-fits-all venture. At Johnson and Taylor, our estate planning attorneys in Salem, OR offer quality legal services and advice you can trust. Whether you have a modest estate or significant assets, your estate planning lawyer can ensure that your wishes are carried out after you’re gone.

Why is Estate Planning Important?

When you die without a last will and testament or estate plan in place, your assets will be distributed according to Oregon laws of intestate succession. This means that the probate court decides how your estate will be distributed, and it may not match up with what you would have wanted. Failing to properly plan can also take an emotional and financial toll on your grieving loved ones. Probate can be a long, expensive process. An estate plan can help your family avoid unnecessary conflict and streamline the estate administration process.

In addition, estate planning documents such as powers of attorney and advance directives can ensure your rights and interests are protected if you become incapacitated. This not only safeguards your health and assets but makes a challenging time easier for those you love as well.

How an Estate Planning Attorney in Portland can Help

While it might be tempting to use an online template for a will and call it a day, even a seemingly inconsequential error can put your assets and interests at risk. Our estate planning and probate lawyers are well-versed in drafting wills, trusts, and powers of attorney, and can help you create a plan that meets your specific needs and circumstances.

Navigating Complexities

Estate planning is complex, and navigating ever-changing federal and state laws can be frustrating. Our estate planning attorneys have an in-depth knowledge of the law and keep up with the latest developments, which can ensure your plan is legally sound. A lawyer on our estate planning team can tailor your plan to your specific circumstances and goals. We help you consider factors such as family dynamics, financial assets, and charitable intentions. Developing an effective estate planning strategy can give you peace of mind, knowing that everything will be taken care of after you’re gone.

Asset Management and Tax Considerations

Complex assets such as business interests, multiple properties, and investments can make estate planning even more complicated and challenging. Our experienced estate planning attorneys can advise you on how to best manage and transfer these assets efficiently while minimizing tax implications and ensuring smooth estate administration.

Utilizing Trusts

Our estate planning lawyers may suggest certain types of trusts that help preserve wealth for your beneficiaries and avoid a lengthy, costly, probate process. Trusts allow you to provide for loved ones with special needs and those who may not be financially responsible. Trusts can also enable you to keep the details of your estate private.

Charitable Giving

If philanthropy is important to you, our estate planning lawyers can assist you with integrating charitable giving into your estate plan. Whether through direct bequests, establishing a charitable trust, or other strategies, your attorney can help you maximize the impact of your charitable contributions while also potentially providing tax benefits.

Guardianship of Minor Children

If you have minor children, it’s critical to name guardians for them in the event of your death. Your estate planning attorney can guide you through the process of selecting the right person or people to take care of your children and look out for their best interests. If you pass away without naming a legal guardian for your children, the decision will be left up to the court and may result in them being placed with someone you wouldn’t have chosen.

Planning for Incapacity

Estate planning isn’t just about what happens after you die. It also involves preparing for what will happen in the event of an illness or injury. Our estate planning lawyers can help you create a power of attorney for healthcare, power of attorney for finances, and advance medical directive that specifies your wishes for medical treatment and end-of-life care. They can also help you determine who would be best suited to make decisions for you should you become incapacitated and unable to handle your affairs.

Peace of Mind

If handled improperly, estate planning can sometimes lead to conflict in families. Your estate planning lawyer can facilitate discussions among family members, clarify intentions, and create a plan that minimizes the likelihood of disputes or challenges after your passing. This can help preserve relationships and give everyone involved peace of mind. By having a comprehensive estate plan in place, you can rest assured that your loved ones will be taken care of and your wishes will be carried out according to your desires.

In addition to handling wills, trusts, probate, and estate planning, our team litigates personal injury and divorce and family law matters. Our estate planning attorneys in Salem, OR serve clients in Marion, Polk, and Linn counties and surrounding communities.

Contact Our Estate Planning Lawyers in Salem, Oregon

At Johnson and Taylor, we’re dedicated to helping our clients create effective estate plans tailored to their specific circumstances. Call our office at 503-990-6641 or contact us to schedule a consultation with our estate planning attorneys in Oregon. Members of our team provide quality legal services to our Spanish-speaking clients.