Your past, present, and future medical expenses are potentially one of the largest-value damages in your personal injury award. Working with an attorney can be essential here: if your injury requires follow-up medical treatments such as surgery or rehabilitative therapy, your lawyer will work to make sure those costs are covered by what you receive from the defendant. However, settlements take time, and your doctor may not want to wait for payment for work they have already done.
For many plaintiffs, there can be a long time between their initial injury and the conclusion of their case. Figuring out who gets paid, when, and how is a pressing concern, and one that must be addressed to get the care you need. Our Keene personal injury lawyers can help you evaluate options for paying your medical bills while your case is pending.
Using your settlement to repay your health insurance carrier
Many personal injury plaintiffs use their own health insurance to cover their medical care. Your policy likely includes a clause stating that you must repay the insurance company for any injury-related care. This is a common provision for health insurance companies. If you file a claim with your carrier, be sure to note that you are pursuing personal injury damages.
Talk to your lawyer; they may be able to work with the insurance company before you settle the case to determine exactly what you owe and review your medical records to ensure you weren’t improperly charged. Try to do this before signing off on the final settlement, as once a judge approves it, your case is closed and the value of your settlement finalized. Working with an attorney can help ensure that you accept a settlement that is mindful of your medical needs now and in the future.
Your insurance company may opt to pursue payment from the defendant’s insurer directly instead of waiting for you to repay them. The insurance company has a legal right to pursue reimbursement from a responsible third party after paying a claim to its insured (in this case, you) through a process called subrogation. Note that if you receive Medicare or Medicaid, this process may be much different than it would be with private insurance, so it’s important to have your attorney guide you.
Make sure that you, your lawyer, and your health insurance company work out repayment terms as soon as possible. If your insurer plans to pursue subrogation, then the defendant’s insurance company may reduce the amount of your settlement to cover the amount they paid your insurer.
Paying your auto insurance company after a car accident
If you were in a car accident, you have the right to pursue damages from the other driver. New Hampshire is an at-fault state for car accidents so, if they are at fault, the other driver would pay for your medical care, pain and suffering, and other losses. Payment of your medical bills is a similar process to having your health insurance coverage pay: Auto insurers also have the right to pursue subrogation.
Repaying hospital and healthcare provider liens
If your insurance doesn’t cover your injuries, you may be able to pay for care by requesting a medical lien against your settlement. Hospitals and healthcare providers have the right to place a lien against any recovery you may receive in a personal injury claim. They agree to provide the care you need, and in return, you satisfy the lien from your award.
Talk to your personal injury attorney about negotiating a fair lien; the hospital may want to speak with them anyway, to assure itself of repayment. Be very careful before signing a lien to make sure that you won’t have to personally settle it if your settlement doesn’t cover it.
Repayment of pre-settlement medical advances
Another option for settling your medical bills is a medical advance. You may see it referred to as “pre-settlement funding,” a temporary loan provided by a medical care funding service. Pre-settlement advances work similarly to a medical lien, in that you can get medical care paid for up front, then repay the advance out of your settlement. Be wary; some of these companies can be predatory. Talk to your personal injury lawyer about companies you’re considering for a pre-settlement medical advance to be sure you’re making a safe and informed decision.
The most important thing, no matter how you are paying for your treatment initially, is to keep your lawyer involved and give them copies of all your bills and statements. They will need an accurate accounting of your medical treatment to ensure they work toward an appropriate settlement.
Understanding your rights: Medical bills and personal injury settlements
Knowing how to handle your medical bills as your personal injury case is being settled can help bring you much-needed peace of mind during a stressful time. If you’re using health insurance, navigating liens, or considering pre-settlement funding, the right legal guidance can make all the difference. At Shaheen & Gordon, we help clients manage these challenges and pursue the full compensation they deserve so that they can focus on healing, not paperwork.
Do you need help getting compensation for your medical expenses after suffering a personal injury? Call Shaheen & Gordon today at (800) 451-1002 for a free consultation.
