Can I Recover Damages for Ongoing Rehabilitation?

When you’re injured due to someone else’s negligence, the path to recovery often involves not just immediate medical attention but also ongoing rehabilitation. In Arizona, the law allows victims to seek compensation for these future medical expenses as part of a personal injury claim.

**Understanding Future Medical Expenses**

Future medical expenses encompass all anticipated medical costs related to your injury that are reasonably expected to occur after the settlement or verdict. This includes ongoing rehabilitation, physical therapy, surgeries, medications, and any other necessary treatments.

**Legal Framework in Arizona**

Arizona law recognizes the right of injured parties to recover damages for future medical expenses. According to the Revised Arizona Jury Instructions (Civil), jurors are instructed to consider “reasonable expenses for necessary medical care, treatment, and services already incurred and reasonably probable to be incurred in the future.” This means that if you can demonstrate the likelihood and necessity of ongoing rehabilitation, you may be entitled to compensation for these future costs.

**Proving Future Medical Expenses**

To successfully claim future medical expenses, it’s essential to provide evidence that these costs are likely and necessary. This often involves testimony from medical experts who can attest to the expected course of your rehabilitation and associated costs. Documentation such as medical records, treatment plans, and expert opinions play a crucial role in substantiating your claim.

**No Caps on Damages**

Unlike some states, Arizona’s Constitution prohibits caps on damages in personal injury cases. Article 2, Section 31 states, “No law shall be enacted in this state limiting the amount of damages to be recovered for causing the death or injury of any person.” This means there is no statutory limit to the amount you can recover for future medical expenses, including ongoing rehabilitation.

**Comparative Negligence Considerations**

Arizona follows a “pure comparative negligence” rule. This means that if you are found partially at fault for the accident, your compensation may be reduced by your percentage of fault. However, you can still recover damages even if you are 99% at fault, though your recovery would be limited to the portion attributed to the other party’s fault.

**Case Example**

Consider a scenario where an individual in Phoenix was involved in a car accident caused by another driver’s negligence. The victim sustained severe injuries requiring multiple surgeries and extensive physical therapy. By presenting detailed medical records and expert testimony outlining the necessity and cost of future rehabilitation, the victim successfully recovered damages covering both past and anticipated medical expenses.

**Conclusion**

Recovering damages for ongoing rehabilitation is a critical aspect of ensuring that injury victims receive the full compensation they need for a comprehensive recovery. If you or a loved one has been injured due to someone else’s negligence, it’s important to consult with experienced legal professionals who can guide you through the process and advocate for your rights.

At Hirsch Talcott Law Firm, we specialize in personal injury cases and have a proven track record of securing substantial compensation for our clients. Contact us today at 602-903-6000 for a free consultation to discuss your case and explore your options for recovering damages for ongoing rehabilitation.

Where to get help

If this situation applies to you, Hirsch Talcott offers a free consultation — speak with a Phoenix personal injury lawyer to understand your options.