In a personal injury case, more than just your current injuries are considered. You and your personal injury attorney are also tasked with determining whether or not compensation for future injuries is necessary. If your settlement fails to take into account future injuries, the insurance company will most likely not pay for future medical bills. To help ensure that your future injuries are covered, here is what you need to know.
Why Will the Insurance Company Refuse Payment?
Since your injuries resulted from the accident you experienced, it seems logical to believe that the insurance company would cover all of your future related expenses, such as medical bills to treat a recurring injury. However, it is unlikely that the insurance company will cover your expenses if your settlement agreement specifically called for it.
The insurance company will require you to sign a release when you accept payment for your accident-related damages. The release most likely include language that eliminates the insurance company's liability for all future expenses, even if they are related to the accident.
For instance, if you need back surgery for an injury suffered in the accident after the settlement agreement was signed and future treatments were not covered, you would be forced to cover the cost of the procedure. Even if you took your case to court, it is unlikely that a judge would rule in your favor because the settlement agreement is considered a legally binding document.
What Can You Do?
Unfortunately, there is little you can do to force the insurance company to pay your expenses once the settlement agreement is signed. Therefore, it is imperative that you do not sign the agreement until you have closely reviewed it with your personal injury lawyer.
Before signing, you need to discuss the chances of your injuries recurring in the future with your doctor. If there is a possibility that you will experience a recurrence, your lawyer can ensure that the settlement agreement includes language that would require the insurance company to pay part or all of your expenses as long as they are directly related to the accident.
If you have already signed the agreement, review it with your lawyer. There could be a possibility that the option to pursue damages from the person responsible for the accident is still available. Even though the insurance company is likely off the hook, you can possibly take action against the insured.
To ensure that future medical expenses and other damages that stem from an accident are covered, work with your personal injury attorney.Share