Your personal injury settlement should be enough to pay your medical bills for the treatment you required after the incident, but how, exactly, are your medical expenses paid? In some cases, health insurance companies cover the up-front cost of care for the plaintiff. Other times, a plaintiff may need immediate medical treatment not covered by insurance and so may incur a medical lien or receive treatment under a Letter of Protection.
When you’ve been hurt in an avoidable accident, you need medical care right away. But, medical providers also need to get paid and may not want to wait for a year or more while your personal injury case is pending. In Missouri, you have a few options to cover payment for the medical bills you incur because of someone else’s negligence. What is best for your situation should be a conversation you have with your Independence, Missouri personal injury lawyer.
Missouri’s laws regarding personal injury claims for medical treatment
Missouri is an at-fault state for personal injury claims, meaning that the defendant (the person or entity who caused the accident and the plaintiff’s harm) is responsible for paying current and future medical expenses. This includes emergency room visits, physical therapy, and any other out-of-pocket expenses paid by the plaintiff.
Some cases may take a year or more to resolve, and so while the potential settlement amount for the plaintiff should be enough to cover all the medical bills they’re accumulating, the medical care providers want to get paid in the meantime.
Options for paying for medical care after an accident
Many personal injury lawyers wait to file a lawsuit until the plaintiff reaches maximum medical improvement, or the point at which no further curative care is likely to result in further healing. This gives the attorney a more accurate estimate of your medical damages. However, while you’re waiting to fully heal, you have a few options to pay for medical care.
Using your personal health insurance coverage after an accident
Your health insurance carrier may cover the cost of treatment after an accident, then file a subrogation action against the defendant to recoup their costs. Or, they may negotiate with your lawyer to be repaid from your settlement. Your attorney can liaise with your insurance carrier (health, auto, etc.) to arrange for them to be paid from your settlement before the balance of the funds is dispersed to you.
Even if your insurance company covered your medical bills, you may have paid co-pays, co-insurance, or paid toward your annual deductible to continue receiving treatment. Your settlement should cover all the money you paid for medical care, including those amounts.
Medical liens for post-accident care
Another option is to have a medical lien placed against your settlement. Ask your lawyer to coordinate this, so it doesn’t affect your credit. Healthcare providers place a lien against your personal injury award. Each provider submits an itemized list of costs for your care to your lawyer, who repays them from your settlement. Once this is done, the lien is removed, and you keep the balance of the funds.
Letters of Protection issued by your attorney
A Letter of Protection (LOP) is a letter issued by your lawyer or medical care providers assuring them that they will be paid from your personal injury settlement. This can prevent your outstanding bills from going to collections and ensure that you continue to receive care while your case is pending.
Injured in an accident you didn’t cause?
If you’ve been hurt in an accident that wasn’t your fault, you shouldn’t have to face the financial and emotional burdens alone. Securing fair compensation can be complicated, but the right legal team can make all the difference.
Contact Langdon & Emison today at (866) 931-2115 for a free consultation with an experienced personal injury attorney. We’re ready to fight for the justice and compensation you deserve.