What medical expenses can I claim in a personal injury lawsuit in the US?
You can claim all reasonable and necessary medical expenses: emergency room bills, hospitalization, surgery, physical therapy, chiropractic, prescription drugs, dental treatment, medical equipment, home nursing care, psychological counselling, and mileage to medical appointments. The collateral source rule in most states prevents the defendant from offsetting amounts paid by your health insurance.
Can I claim future medical expenses in a US personal injury case?
Yes. Future medical expenses are a major component of serious personal injury claims. You need expert medical testimony — typically a treating physician or life care planner — to project future costs with reasonable certainty. These are awarded as a lump sum and are not subject to income tax.
What is the collateral source rule?
The collateral source rule prevents defendants from reducing their liability because you received compensation from another source (your health insurance, disability insurance, etc.). This means you can still claim the full value of medical bills even if insurance paid them. Some states have modified the collateral source rule, so check your state's law.