Can I recover the cost of future medical care in a New York Personal Injury case?

One of the most important — and most undervalued — components of a Personal Injury recovery is compensation for future medical care. If your injury requires treatment for years or decades to come, you deserve to be made whole for those costs today, not billed for them later.

Why Future Medical Costs Matter

No-fault insurance under Insurance Law §5102 covers necessary medical treatment for up to three years after the accident (or until the $50,000 limit is exhausted). After that, you are on your own — unless your third-party lawsuit includes a recovery for future medical expenses.

How Future Medical Costs Are Proven

You need expert testimony to establish future medical needs. This typically comes from:

• A treating physician who testifies about the need for ongoing surgery, injections, physical therapy, or medication
• A life care planner — a specialized expert who creates a detailed projection of medical services, equipment, and home care costs over your lifetime
• A medical economist who converts those projections into present value, accounting for medical inflation

Common Future Care Items

• Repeat surgeries (spinal fusion, joint replacement)
• Ongoing physical therapy or chiropractic care
• Pain management injections (epidural steroids, nerve blocks)
• Assistive devices and mobility equipment
• Home health aide services for catastrophic injuries

New York Law on Future Damages

Under CPLR §4111, juries in New York must itemize future damages separately and specify the period covered. Future damages exceeding $250,000 may be paid in periodic installments under CPLR §5031. No fee unless we win. File within three years under CPLR 214.