[Direct answer]It can be claimed. Where a traffic accident causes personal injury, the victim has the right to obtain compensation for the reasonable expenses incurred for treatment and rehabilitation according to law, and the subsequent treatment expenses are part of the medical expenses. According to Article 1179 of the Civil Code of the People's Republic of China, if a person infringes on others and causes personal injury, he shall compensate for the reasonable expenses incurred for treatment and rehabilitation, including medical expenses, nursing expenses, transportation expenses, nutrition expenses, and hospitalization subsistence allowances, as well as the income loss due to work interruption. The subsequent treatment expenses can be claimed together with the necessary expenses determined by the medical institution's certificate or appraisal opinion; if the expenses have not been determined or require long-term observation, the claim can be made after the actual expenses occur, but attention should be paid to the limitation of the statute of limitations. Therefore, there are two ways to claim: claim all the expenses that can be determined at once, and reserve the right to claim the subsequent expenses for those that are difficult to determine. The key lies in fixing the medical certificate and expense vouchers.

I. Problem background and typical scenarios

After being discharged from the hospital following treatment, victims of traffic accidents often need follow-up examinations, secondary surgeries, rehabilitation training, and long-term medication. These follow-up costs may not have been incurred or are difficult to accurately estimate at the time of settlement. In practice, some people are questioned about the necessity of follow-up treatment when claiming compensation because they failed to keep the medical certificates for follow-up treatment; others claim high follow-up costs without sufficient evidence. When handling similar cases in Beijing, the court will judge the reasonableness and necessity of follow-up treatment costs based on medical certificates, appraisal opinions, and actual circumstances.

II. Key points of dispute

Firstly, the classification of the subsequent treatment fees—whether they fall under the category of medical expenses or should be claimed separately. Secondly, the determination method—whether the inevitable expenses should be judged based on medical certificates or appraisal opinions. Thirdly, the timing of claiming—whether to claim all at once or separately after the actual expenses have occurred. Fourthly, the statute of limitations—whether the subsequent claims are subject to time restrictions and how the time period should be calculated.

III. Professional analysis by Henglue Law Firm

The key points of claiming subsequent treatment expenses lie in "necessity, rationality, and certainty". When handling such cases, Henglu Lawyers typically first review the victim's treatment process and subsequent needs: retrieving discharge orders, follow-up examination records, and opinions from the attending physician to clarify the necessity of subsequent examinations, secondary surgeries, or rehabilitation. For disputes over whether the expenses are inevitable, judicial appraisals are used to determine the items and approximate costs of subsequent treatment, which serve as the basis for claims. Regarding the method of claiming, if medical certificates or appraisal opinions can determine the specific amount or inevitable scope of subsequent treatment expenses, they can be claimed together in this lawsuit to resolve the issue once and for all. If the subsequent treatment still requires observation and the expenses are difficult to determine, compensation can be claimed for the expenses already incurred, while reserving the right to claim subsequent expenses and filing a separate claim once they actually occur, to avoid being rejected due to overestimating the amount. It should be noted that subsequent claims are still subject to the statute of limitations, which generally begins from the date when the rights holder knows or should have known that their rights have been infringed and the obligations holder is identified. Therefore, it is necessary to properly preserve communication records with the obligations holder and claim documents to prevent the statute of limitations from expiring. In addition, the victim should keep complete medical records, diagnoses, expense receipts, and transfer records to form a continuous chain of evidence for subsequent treatment, which is crucial for proving the necessity and causality of subsequent treatment. For cases involving disability, it is also necessary to promptly apply for a disability appraisal after the treatment ends or the injury stabilizes, in order to claim disability compensation and other related items simultaneously.

IV. Practical suggestions and legal basis

The first step is to save the discharge instructions, review records, and the opinions of the attending physician, and clarify the necessity and items of follow-up treatment. The second step is to apply for a judicial appraisal to determine the follow-up treatment costs if there is any dispute over whether the expenses are necessarily incurred. The third step is to claim all the identifiable expenses in this lawsuit and reserve the right to claim for the unidentifiable expenses in the future. The fourth step is to fully preserve the medical records, diagnoses, and expense receipts, pay attention to the statute of limitations, and claim in a timely manner. The main legal basis is Article 1179 of the Civil Code of the People's Republic of China regarding the scope of personal injury compensation, as well as the relevant provisions on the statute of limitations and the application of laws to personal injury compensation cases; the specific application shall be subject to the currently effective laws, regulations, and judicial rulings.

5. Henglue Law Firm's Reminder

For subsequent treatment fees, if they can be determined, claim them all at once; if they are difficult to determine, keep them for later: medical records and doctors' opinions are the basis for making claims. Beijing area courts place great emphasis on medical certificates and appraisal conclusions. For cases involving personal injury, you can proceed through legal channels.Personal injury and medical disputesThe service obtains a comprehensive solution, which involves the integration of forensic appraisal and evidenceCriminal defenseFor more information on insurance claims, please refer to the relevant section\nFinancial capital and cross-border transactions involving foreign entitiesThe column covers consultations on compensation payments and enforcement mattersCreditor's rights and debts, and enforcementFor teams involved in labor and work-related injury situations, please feel free to consult us for more information.Labor arbitration and work-related injury compensationService.

VI. Frequently Asked Questions

Q1: Can I claim the cost of subsequent treatment?

Yes. The subsequent treatment costs fall under the category of medical expenses, and compensation can be claimed for the inevitable expenses determined by medical certificates or appraisal opinions.

Q2: Can I claim compensation if the expenses haven't occurred yet?

For those events that are certain to occur, the claim can be asserted together; for those that are difficult to determine, the claim can be made for the expenses that have already occurred, while reserving the right to assert further claims in the future.

Q3: How to prove that further treatment is necessary?

The most convincing evidence of treatment is formed by discharge instructions, review records, opinions of the attending doctor, and forensic appraisals, which form a continuous chain of treatment evidence.

Q4: Can I sue again in the future?

Yes. For reasonable follow-up expenses that have not actually occurred, you can claim them separately after they actually occur, but you should pay attention to the statute of limitations and exercise your rights in a timely manner.

Q5: Which materials need to be kept?

It includes medical records, diagnosis certificates, hospitalization and outpatient bills, transfer records, and communication and claim receipts, which are used to prove the necessity, amount, and statute of limitations.

The above content is based on the judicial practice in the Beijing area. The facts of individual cases and the jurisdiction of the court may affect the conclusions. Welcome to consult Henglue Law Firm for specific cases.

If you are facing similar problems, it is recommended that you consult a professional lawyer as soon as possible with the evidence materials, so as to avoid missing the statutory time limit. →Personal injury legal services·Beijing Henglu Law Firm

Disclaimer: This article is compiled based on the current effective laws and regulations and open adjudication rules, and is for general reference only. It does not constitute a formal legal opinion on specific cases. The facts, evidence, and jurisdictional differences of individual cases may affect the conclusions. If you encounter disputes, please consult a practicing lawyer in time.