Is the Person at Fault for My Injury Responsible for Future Medical Problems?
Invariable when somebody is injured, one of the first questions they have is, is the person that injured me or their insurance company responsible for my future medical problems and unfortunately the answer is maybe yes, maybe no. It’s important to understand that under Texas law and most other states, the injured person has the burden of proving all of their damages including the damages for future medical problems. They have that burden by proving it by a preponderance of the evidence or what is more probably than not. So if your doctor releases you and your doctor or some other medical expert is willing to testify that you will in reasonable probability have future medical problems caused by the wreck that require medical treatment and the cost of that medical treatment then you’ve met your burden of proof and you will be compensated for future problems. If on the other hand your doctor releases you and says well you may have back problems in the future, you may not, you could get arthritis, but you may not or simply say I do not have a crystal ball, I can’t answer that question. Then unfortunately, you have not met your burden of proof and you will not be compensated for problems in the future that may or may not have been caused by the wreck. So what is the best thing you can do to protect yourself. Number one, get good medical treatment now, go to the doctor, get physical therapy, exercise. Study after study has shown that those people that get good medical treatment now have fewer problems in the future. Number two, don’t rush to settle your personal injury claim, if you’re hurting, go to the doctor, if you feel ok, great, go back to work, go about your daily activities and make sure you are ok before you decide to settle your case.
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