After sustaining an injury in an auto accident, you may go through a variety of treatments to promote recovery. While physical therapy is often revered as an effective and beneficial process, it can also be accompanied by a hefty price tag. Copays can add up, so it is important to consider your right to recover compensation. To learn whether you can sue for the cost of physical therapy after a car accident, continue reading and work with a knowledgeable San Mateo County, California motor vehicle accident lawyer today.
What is Physical Therapy?
Physical therapy, or physiotherapy, is a type of care provided by medical professionals to identify and treat injuries and diseases. People may benefit from physical therapy if they are suffering from a sprain, strain, fracture, stroke, arthritis, back pain, or recovering from surgery.
Physical therapists use a combination of exercises, stretches, massages, and other activities to customize a routine to relieve pain, enhance mobility, improve physical function, and more. After being involved in an accident, physical therapy can be an invaluable resource to promote healing and recovery.
Can I Sue for the Cost of Physical Therapy After a Car Accident in CA?
California is a tort or “at-fault” state, meaning that in a car accident, the driver who is responsible for causing the crash will be held liable for the resulting damages. If another party’s actions caused your accident, you can sue them for both your economic and non-economic damages. This includes the cost of physical therapy.
In order to successfully recover compensation for physical therapy and your other expenses, you must establish the driver’s negligence. To do so, demonstrate the following elements.
- The driver owed you a duty of care to take precautions to prevent an accident
- The driver breached the duty of care through their carelessness or recklessness
- The breach of duty directly caused or contributed to the accident and your injuries
- You sustained real damages as a result
You must have ample evidence linking the driver and their behavior to your injury and need for physical therapy. Keep detailed records of the aftermath of the accident, including a paper trail of your medical documents and required treatment.
Can MedPay Cover Physical Therapy?
While California is an at-fault accident state, drivers can opt into no-fault auto coverage when setting up their car insurance. MedPay (Medical Payments coverage) is an optional, first-party coverage that can pay for reasonable and necessary medical expenses after an accident, regardless of who is at fault.
Physical therapy is an injury-related expense and is often deemed necessary for proper treatment while healing from an injury or surgery. MedPay can cover physical therapy expenses after an accident, given that they are within policy limits.
To learn more about your legal rights and options after being involved in a car accident, work with a skilled lawyer at the Law Office of Allister R. Liao, P.C.