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How Medical Bills Are Handled in California Personal Injury Cases

by Lily White
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California victims of accidents that were no fault of their own most likely have a never-ending flow of medical bills. Severe injuries can take their toll not only physically but can also do damage to a bank account. Doctor’s appointments, procedures, tests, surgeries, and physical therapy sessions all add up and aren’t cheap. Many accident victims find themselves worrying about how they’re going to pay their medical bills.

If you’ve been hurt in an accident and are unsure of what your financial responsibilities and legal rights are, get help from an Oceanside car accident lawyer. Under their guidance, they can help you through the process of getting those medical bills paid along with compensation for all of your damages.

How Are Medical Bills Handled in California Before a Personal Injury Lawsuit Settlement?

In California, anyone whose negligent act harms another person can be held responsible for the victim’s medical bills along with other damages. The issue for the victims is that the compensation won’t be immediate. No matter how obvious the at-fault party is, there are procedures that must be followed before one dime of payments is made. Plaintiffs can seek compensation from the defendant’s insurance company.

It will be the victim’s responsibility to pay for their medical costs until either an insurance company settlement has been reached or the case goes to court. Either way, it could be months or even years before the matter is settled. For severe injuries, medical care and treatment can quickly hit the tens of thousands of dollars. If the plaintiff is unable to work and can’t earn an income, this quickly compounds the problem. You do have some options, though.

Medical Lien

Some accident victims who are waiting for a personal injury settlement and need continued medical treatment work out an agreement with their healthcare providers. Known as a medical or hospital lien, this is a formal agreement that they will continue to provide medical treatment and that the patient agrees to pay for all medical bills with the proceeds from their accident settlement. An experienced personal injury attorney can help you with this process.

Personal Injury Loan

Another option for getting past and current medical bills paid is to take out a personal injury load. Many lending institutions will loan plaintiffs a percentage of what their expected settlement amount will be. This, of course, does come at a price. Before taking out a personal injury loan, inquire about how the interest is. Not all, but some personal injury loan lenders charge exorbitant rates and you could wind up losing money once you receive your settlement.

How Are Medical Bills Handled in California After a Personal Injury Lawsuit Settlement?

Once you’ve received your settlement, it is your responsibility to ensure that all of your unpaid medical bills are paid in full. If you had a medical lien agreement, you agreed that your healthcare provider would be paid after a settlement has been reached. If you took out a personal injury loan, you’ll be responsible for paying it plus whatever interest has occurred.

Working with an experienced and savvy personal injury attorney is the best way to ensure that your settlement will cover more than just your medical bills. It would be unfair to receive an amount that only covers your past and current medical treatment, especially if you require long-term medical care. This is even more true if you’re unable to go back to work or will have issues earning what you did before the accident.

When you receive your settlement amount, it will go through your personal injury first, who will deduct their contingency fee. They’ll also ensure that your medical treatment commitments are paid off. You’ll then receive the balance of your personal injury settlement.

Medical Bills and Personal Injury Cases: The Bottom Line

Car crashes can cause more pain than just physical injuries. While you’re waiting for an insurance company settlement or waiting even longer if your case is going to trial, your medical bills will most likely be piling up. Victims who are unable to work while undergoing medical treatment can easily find themselves falling behind with medical bill payments. Hospital lien agreements and personal injury loans are two ways to get them paid while you’re waiting.

If you’ve found yourself falling behind with your medical bills while waiting for a settlement, you should have already retained a personal injury attorney who can help you make the best decisions. Never attempt to receive compensation for an accident without first consulting with a California car accident attorney. Without their legal expertise, you’ll be leaving money on the table.

 

By Cheryl Roy

 

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