Am I Entitled to Compensation for Future Problems or Future Expenses Due to My Injury?
Compensation for personal injury is fixed at the time of the resolution of the claim. If closure occurs by settlement, the injured person will be required to sign a document called a release, will operate to forever bar any compensation that person may have been entitled to collect from the negligent party.
If the ultimate resolution of the case comes as a result of a trial, the judgment that is handed down will operate to finally resolve any and all claims the injured party could ever have against the negligent person. As attorney Eric T. Kirk will tell you, whatever the personal injury victim is entitled to recover is fixed at that time. So recovery for the past effects of injury is generally relatively easy to establish. Establishing what might happen in the future – in this context, the need for future medical care, and future distress, anguish or suffering due to a past injury- is a more daunting challenge. Recovery is permitted for lasting effects of injuries that, with “reasonable probability”, can be expected in the future. An experienced Baltimore personal injury lawyer can help you understand the type of evidence that is needed to support the required reasonable probability, which includes:
The presence of at least some symptoms or effects at the time of trial, and expert testimony that the symptoms are of a “chronic” nature. Giant v. Scherry, 444 A.2d 483.
Note that the “possibility” that current injuries might have future effects is not enough. The standard, usually demonstrated by the testimony of a treating physician, is that of probability. However, the level of proof required is not that of certainty.
I believe you must consult an experienced Baltimore personal injury attorney to ensure you recover the full measure of your losses. I’ve handled hundreds of cases in which the permanent, lasting nature of an injury has been litigated. Call me today to arrange a complimentary strategy and planning session.
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For over three decades, I have battled against the nation’s largest insurance companies, always endeavoring to ensure my clients receive the compensation they deserve. As lead counsel in thousands of cases across Maryland, New York, and Florida, I have recovered millions for clients whose claims were wrongfully denied and delayed. Whether denying fair compensation for a personal injury victim or denying benefits to a homeowner, Insurance companies employ policy exclusions, technicalities, and lowball offers to deny and defeat claims. They also hire very good lawyers to fight you in court. So should you. When an insurance company unfairly rejects a claim, I stop them.
