Approach to
Personal Injury
Yes. Insurance companies will almost always want to settle your entire personal injury claim at one time in exchange for a Release which states you will never bring another claim arising out of the subject accident. Typically, insurance companies will not pay your medical bills now and pay you for the rest of your damages later. That is why you need an experienced personal injury attorney in Jacksonville who knows how to document all the damages you are entitled to in the past and into the future.
If you have been involved in a motor vehicle accident in Florida, your personal injury protection (PIP) benefits through your automobile insurance are primary. There is a PIP fee schedule which uses 200% of the Medicare reimbursement rates as a standard for usual and customary rates. PIP then pays 80% of that fee schedule unless you have a deductible. The other 20% of the medical bill can be submitted to your health insurance carrier if you carry health insurance.
If you were not involved in an auto accident, such as if you fell in a store or on someone’s property, then the only way to get your medical bills paid as you incur them is to have your medical providers submit their bills through your health insurance or through Medicare or Medicaid. Whoever pays your accident-related medical bills will have a right of subrogation; a right to be repaid for the amounts they paid toward your medical bills.
If you do not have insurance, your treatment options are limited. Some medical providers agree to treat patients on a Letter of Protection (LOP). This is an arrangement between you, your medical provider, and your personal injury attorney. With your approval, your personal injury attorney agrees to reimburse your medical provider out of your personal injury settlement at the end of your case. This is not ideal for the medical provider because a personal injury case can take months to years to settle or get before a jury. This is also not ideal for the injured party because the number of medical providers willing to engage in this arrangement is limited. This arrangement is also often criticized by insurance companies. They claim since the reimbursement of the health care provider’s bill is subject to the success of the personal injury claim, the health care provider will provide more favorable opinions for the plaintiff. LOP arrangements are allowed to be brought before the jury as evidence of the health care provider’s potential bias.
The insurance company representing the person or entity that injured you wants closure. That is why they want one payment, one release, and to never hear from you again. At Rosenberg & Calvin, P.A., it is our job to gather all the necessary information to not only outline what damages you have experienced in the past but also the information, documentation, and expert opinion, if necessary, to outline what treatment and associated expenses you are reasonably certain to need in the future.
If an insurance company is offering you a quick settlement or if you have questions about how your medical bills are going to be paid after an injury accident in Jacksonville, consider contacting the attorneys at Rosenberg & Calvin, P.A. to help you through the process.