Future Medical in Jones Act and Maritime Settlements

Future medical benefits are provided for in Jones Act and general maritime claims but not in the same way as Workers Compensation and Longshore Compensation. Future medical in Jones Act and maritime claims is part of the overall final settlement. In other words, the final settlement is the end of all money and other benefits that you can receive in a Jones Act or maritime claim. On the other hand, future medical benefits in workers compensation and longshore compensation is a continuing obligation to the insurance company and is in addition to any settlement.

Many seaman mistakenly have believed that they were entitled to lifetime medical care for their injury. This is a grave misconception. In fact, once a seaman reaches Maximum Medical Improvement, his right to medical benefits (cure) ceases and no additional monies will be paid for medical care or medications until settlement. Then once a case is settled, all future medical expenses become the responsibility of the injured seaman.

Since the only compensation provided for future medical care is the amount included and designated in the final settlement, the seaman must not settle for any amount unless there is ample money for future medical expenses. Additionally, the settlement must last the seaman for the rest of his life and the future effects of inflation must be calculated into any settlement so that the actual settlement does not decrease each year when inflation increases.

Lack of legal knowledge can result in wholly inadequate settlements that do not really provide for your future medical expenses. What may seem like a large amount of money at settlement time may just be a trap for the unwary. The settlement must be properly structured or an injured seaman may find himself unable to afford the required continuing care. Therefore, your settlement demand and final settlement should take into account annual expenses for medications, durable medical equipment, medical supplies, and follow-up doctor care.

The request for inclusion of future medical benefits in your settlement demand must be supported by documentation from a treating physician or a medical expert who can correctly assess your future needs as well as an economist who can project the cost of the future medical needs and translate those costs to present day values.

A proper Jones Act settlement or maritime settlement is complex, determining the first settlement demand and the negotiation process is an art and a science requiring high legal skills and experience. A reputable Jones Act lawyer knows how much your case is worth and he will tell you in advance a range of what you can expect. Remember that the largest Jones Act recoveries usually come from court awards not from settlements. However, there is some risk associated with taking legal disputes to a judge and jury. A reputable Jones Act lawyer can access these risks and help you to understand the best choice for you personally. Every case is different and you should avoid comparing your case to others that you may know about. Never make the mistake of undervaluing your case. Do not let anyone sway you with a handful of case that amounts to a hill of beans.

Let Us Help You

No matter where you live, the lawyers and attorneys at the Ogletree Abbott Law Firm can help you get the help you need. If you would like, a lawyer or an attorney can contact you to answer your questions. There is no obligation and the initial phone call is always free of charge. Call toll free 1800JonesAct (1-800-566-3722), or send us an email. Call today and let us help you determine your future medical benefits.