Getting compensation for medical bills and expenses is the first thing that comes to anyone’s mind after an suffering injuries from an auto accident. Usually, the at fault party responsible for the accident or the injuries should be liable for your medical expenses. However, they do not usually pay compensation immediately after the accident.
To better understand the medical bill’s compensation process, let’s examine it part by part.
As discussed, the liable party or their insurer is responsible for your medical bills, but they typically don’t compensate immediately. If you’re waiting for a settlement or trial, your insurance company—private or government—can pay your bills. However, there are also common causes, when the injured party does not have health insurance.
The legal regulations allow giving discount or payment plans to uninsured parties or to any person “whose income does not exceed 350% of federal poverty level”
Another option is “medical lien”. It lets the healthcare provider receive payment from the personal injury case’s judgment or settlement. This mechanism lets the patient pay after resolving the case. However, few hospitals or medical organizations will agree to this scheme, as they risk not receiving payment if the case fails. This scheme can also be risky for you as if you do not succeed with your case, you shall be liable for the remaining part of the expenses.
If you have insurance but doubt whether you should use it or give a medical lien, it is recommended to use the insurance. If you use it, the medical help providers cannot charge you in full rate, exceeding your contract rate. Also, in the case of insurance, you have more options for healthcare providers to choose from.
To sum up, choose your insurance unless you lack it or your insurance doesn’t cover the services you need.
Medical expenses after a car accident can include a wide range of services. For example, they may include not only the initial hospitalization, but also subsequent recovery:
In the case of serious injuries, there may also be long-term costs, including:
In a personal injury case, it is possible to seek compensation for anticipated future medical needs. To do this, you will need to provide a doctor’s opinion as to the length and cost of treatment. For example, if the injured person will need surgery six months after the accident, his or her attorney can include that amount in the claim.
In such a case, the injured person has the right to file a civil lawsuit against the driver or other responsible parties personally. Alternatively, you can use your underinsured motorist coverage, if available. However, this can be difficult in practice if the defendant does not have enough assets to cover the claim.
The statute of limitations in California personal injury cases is two years from the date of the accident. If you miss this deadline, you may lose your right to compensation. It is important to start the process early in order to preserve all evidence and file a timely claim.
Insurance companies have subrogation rights for a personal injury claim. Subrogation right means that your insurance company can recover your medical expenses from the party who was liable for the injuries. Your insurer shall also have the right to sue the liable party on your behalf.
Claiming compensation for medical expenses is not an easy process. You still need a professional attorney to assist you with evaluations of your case, negotiations for a larger settlement. Professional legal assistance is crucial if you seek compensation for pre-existing injuries that worsened as a result of the accident.
The attorneys at KAASS LAW have extensive experience handling auto accident and medical expense cases. We can help you accurately calculate all of your costs and properly file a claim for compensation. Call us at (310) 943-1171 to schedule a free consultation and start protecting your rights.
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