Included among the damages available through a Georgia car accident case are expenses related to future medical care. Sometimes, however, you may not know immediately if you require a specific procedure or further treatment because your injury is still progressing. In those instances, it is important to get a firm answer from your physician about their recommendations concerning your treatment and to solidify your plans to pursue those treatments. Otherwise, you may face barriers in being compensated for future medical expenses that have not been incurred yet.
In a recent Georgia Court of Appeals decision, the court had to consider a case involving future medical expenses following a car accident. The plaintiff was driving his large SUV while helping a friend move some boxes. As the plaintiff approached the neighborhood where he was going to deliver his friend’s boxes, he pulled into a left-hand turn lane and paused while waiting for traffic to pass. Moments later, a vehicle driven by the defendant rear-ended the plaintiff’s vehicle at high speed, sending the SUV nearly 40 yards down the road.
Following the accident, the plaintiff suffered severe back pain. He met with an orthopedic surgeon several times to consider future treatments or surgery, but did not pursue the latter. The plaintiff subsequently sued the defendant, arguing that his negligent operation of her car caused the accident and injured his back. After trial, the jury rendered a verdict in favor of the plaintiff and awarded him $25,000 in damages and $100,000 in future medical expenses. The defendant filed a motion striking the plaintiff’s award of future medical expenses, which the trial court granted. The plaintiff appealed.