Using a Letter of Protection in a Personal Injury Claim
When the United States government declared that living without health insurance was no longer illegal, there were some people who decided they could completely do without because they either did not believe they needed it or they simply could not afford it.
However, what happens to these people if they get into a car accident that was someone else’s fault or slip and fall on a floor that did not have a wet floor sign as a warning? Even if the incident that caused the victim injury was not their fault, insurance companies (and auto insurance companies in particular) may still try to avoid financial responsibility. Simply spoken, that is the game plan insurance companies often make – find some way to not pay for your injuries.
At Distasio Personal Injury Firm in Tampa, FL, we believe wholeheartedly that this is unfair, especially when people facing financial hardship have to choose between seeking medical care or not.
For a free legal consultation, call (813) 259-0022
Why Might You Need a Letter of Protection?
As previously stated, health insurance companies may often want to refuse to pay for your medical bills, especially if your injuries are due to the negligence or destructive nature of another person. Instead of helping you as they should, they would rather want you to seek out compensation from the other driver’s auto insurance carrier since they were the party at fault.
However, this situation can quickly become more stressful, because most auto insurance companies are not willing to immediately pay your medical bills and expenses. Rather, and in a manner that puts more pressure on you, they insist that you pay your bills completely out-of-pocket, after which you would submit your bills to them and they would decide whether or not (or how much) they would pay.
Neither a fair or just system for victims of personal injury, an alternative means of getting the care you need after an accident is through a Letter of Protection. With a Letter of Protection that is submitted by your attorney, you are essentially making a promise to the doctor or medical provider who will assess your injuries and help you heal – the promise is that though the doctor will not immediately see any payment for the medical services they perform for you, once your trial is won or your settlement is completed, they will receive compensation from the money you won.
Unfortunately, if the injured person does not agree to a settlement or they lose the case, they will then have to pay the doctor the medical expenses they owe on their own. However, with a good lawyer and a rock-solid case that proves you were the innocent party, there is nothing to worry about.
What are the Benefits of Letters of Protection?
Nearly every person who has ever had to deal with insurance companies in the event of an accident, whether they be health insurance or auto insurance, knows how frustrating the process can be when you all you want is for someone to pay what they rightfully owe. Especially when you are having to worry about not only medical expenses but are also in pain from your personal injury, all you want is a person who understands your predicament and is willing to show some flexibility and compassion.
Because of how difficult health insurance companies can be, sometimes filing a Letter of Protection in your personal injury claim can put you in an even better position. As opposed to the stringent rules by which the insurance company abides, a Letter of Protection is an agreement written up by your attorney between you and your health care provider. Therefore, if amendments to any clauses or sections need to be made or agreement terms need to be modified, they can be done so in a way that works for both parties.
Billing hassles that are often experienced while dealing with larger insurance companies can also be avoided with Letters of Protection, and while you are focused on settling your case or winning it at trial, you also do not have to worry about collection agencies banging on your door.
What if You Are the Provider Seeking Your Payment for Services?
If you are a doctor or other medical provider, you may find yourself on the other side of this situation, the one seeking payment for the medical services you provided to the patient awaiting settlement or trial for their personal injury case. After all, just like the patient, you also need your money to pay your employees and to cover the cost of the treatment you gave, and you may want to know in greater detail how and when you will get paid.
Rather than depending on their clients to work out and settle their medical expenses with you, most attorneys take that responsibility into their own hands by paying providers through a reduction from the settlement or verdict that is reached. Usually, they will put this into writing as an official document to protect their client so the provider cannot attempt to seek further compensation in the future.
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Call a Tampa Personal Injury Attorney for a Letter of Protection
If you were injured in a Tampa, FL car accident and have insufficient insurance to cover your medical bills, contact the reliable personal injury attorneys at Distasio Personal Injury Firm.
We have spent years defending clients who have been injured due to the negligence of another, and we know the stress you can experience when you do not have health insurance yet require medical care.
Additionally, we can fight for doctors and hospitals who are seeking payment from a patient’s uncooperative health insurance provider. No matter what kind of situation you are in, we can help you receive the compensation you deserve and protect your affairs from the insurance company. Call Distasio today at (813) 981-1599 and let our compassionate personal injury attorneys fight for you.