Who will pay my medical bills? What if I go through insurance? What if I do not have health insurance? These are just some of the questions that a personal injury claimant will have when going through the personal injury process. Getting a large jury verdict or settlement is great but it could take a considerable amount of time for you to obtain such an award and your medical needs may be immediate and long lasting depending upon the severity of your injury and the type of treatment required. A good Charleston personal injury lawyer can guide you through the medical treatment process and make it a lot simpler for you.
When assessing your medical coverage options, it is important to remember that you are generally responsible to pay your medical bills as you incur them with some exceptions. Additionally, the defendant who is at fault in your case is not required to pay your medical bills on an ongoing basis. If you win your personal injury suit, the defendant could be required to pay your medical bills and the cost of any future medical treatment, the latter if it is part of a verdict or a settlement.
The Type Of Accident That Caused Your Injury Often Determines How Your Medical Bills Are Paid
The facts which give rise to your injury, the insurance available, and the state you live in play a big part in how your medical bills are paid. These are some examples of injuries sustained and how medical bills are paid.
- Auto accidents in no-fault states. How medical bills are paid from auto accident injuries depends on the state you live in. There are no-fault states and non-no-fault states. In no fault states, your auto insurance will usually pay some, if not all of your medical bills depending on your state. Some auto insurance companies in no-fault states usually have a limit of the amount of medical bills that they will pay. That limit is usually $10,000.00. Any remaining medical bills would be submitted to your health insurance, Medicare or a state run insurance program. If you do not have health insurance, then you are responsible for working out payment arrangements with your health care providers.
- Auto accidents in non-no fault states. In non-no-fault states, you will generally be responsible for paying your own medical bills. Some states do have what is called medical payment insurance (‘Med-Pay’). In those cases, ‘Med Pay’ insurance will pay your medical bills to the limit of their insurance coverage which is usually less than $10,000.00. If your medical bills exceed that limit, then you will be responsible for any additional medical bills. Not all states require medical payment insurance. If you are injured in an auto accident and neither party has medical payment insurance, then you will be responsible for paying your medical bills.
- Premises liability (slip and fall) accidents. If you are injured in a slip and fall type case, you are generally responsible for paying your medical bills. If the premises owner has medical payment insurance, that insurance can pay your medical bills up to the policy limits. You would be responsible for any payments exceeding the amount of the premises owner’s medical payment insurance policy limits.
- Boating accidents. Boating insurance generally does not carry medical payment insurance so if you are injured in a boating accident you would generally be required to pay your medical bills.
- Workplace accidents. Employers do have workers’ compensation insurance. If you are injured at work, those medical bills can be paid from your employer’s insurance. You would not be responsible for any medical bills for a workers’ compensation claim and many employers are required to pay for your transportation and additional expenses depending on the employer’s policy and your state’s laws. You should consult with an experienced workers’ compensation or personal injury attorney about whether you have a workers’ compensation claim or a personal injury suit to determine how to apply for medical coverage for any workplace injuries that you sustain.
Medical and other state funded medical programs do have a right to reimbursement if you do not have insurance. You should be prepared to repay those medical expenses in the event that you do not win your personal injury suit. It is also advisable to speak with family, friends, or make loan arrangements in the event that you are directed to pay that money back.
If you win at trial or obtain a favorable settlement, then good news awaits you. It is widely accepted that medical bills are part of damages in any personal injury lawsuit and you can be compensated for any future medical bills. The question of whether the health insurance company is entitled to reimbursement from any monies paid towards your medical bills is an open one. Insurance companies generally structure payment arrangement such as liens and other assurances that they will be reimbursed for any monies paid towards your injury. It is important that you speak with your Charleston personal injury lawyer as to how the complex area of insurance law works so that you understand your options when requesting a jury award or negotiating a settlement so that you really are made whole again by any settlement or verdict.