|
1. What is
the most important thing for me to do after my injury?
The most important thing for you to do, quite simply, is
to recover from your injury. The law requires injured people to
"mitigate their damages." In the other words, the law
requires you to do that which is necessary to improve your physical
condition and recover from your injury.
For you this may mean some, or all of the following steps:
a. Do not miss appointments with your doctor. Stay in touch with
your doctor and be certain to maintain your appointments. If you
have to cancel, notify the doctor with as much notice as possible.
The words "no show" on a doctor's record sheet can be
used against you at the time of settlement or trial.
b. Attend physical therapy sessions as prescribed. Your physician
or hospital may prescribe therapy to facilitate recovery from
your injury. Such a procedure is often helpful in many types of
injuries including strains, sprains and other so-called "soft
tissue" injuries. If physical therapy is prescribed, be sure
to keep your appointments and participate actively in the process.
Again, if you have to cancel an appointment, be sure to call,
but try to avoid cancellation as much as possible.
2. How do I
pay my medical bills?
Your lawyer will discuss the payment of your medical bills in
detail with you.
In summary, your medical bills may be paid by one of the following
methods:
a. You own health insurance from your employment benefits package.
b. Your own health insurance that you may have paid for personally.
c. Health insurance obtained by your spouse for your benefit or
by your parents if you are under age and living with such parents.
d. Medical payments insurance coverage from your own automobile
policy if you were driving your automobile and were involved in
an automobile collision (this is called Personal Injury Protection
or PIP insurance).
e. Medical Payments insurance coverage from the person you were
riding with if you were a passenger in an automobile that has
automobile insurance coverage.
f. Your own personal funds if you were not insured and are able
to pay medical bills as they are incurred.
g. Workers' compensation insurance if your injury occurred while
you were working on the job and the injury occurred as a result
of your employment.
h. The liability insurance coverage for the person, persons or
company who caused your injuries. Such insurance coverage will
most likely be paid at the time of settlement rather than during
the period that you incur such medical bills.
i. Other possible sources -Depending on the nature of your case
your medical bills may be covered by any of the above possibilities,
if there is no insurance coverage, your bills will be saved by
you and your lawyer, and will be paid at a later date when and
if your case settles.
3. Will the
doctors, hospitals and other medical facilities wait for
payment if I am unable to pay my bills as they are incurred?
In most cases where there is no immediate method to pay medical
bills as they are incurred, many doctors, hospitals, and other
medal facilities will wait to be paid for their services when
the case is finally resolved by way of settlement or verdict in
court. It is important to let medical providers know early in
the process if you have no insurance or financial means to pay
medical bills as they are incurred.
4. How does
my lawyer make sure that the doctors and medical facilities will
get paid?
Most lawyers have a policy of withholding money from the settlement
or court verdict to pay doctors and medical facilities. Many doctors
and medical facilities require that the patient/client sign a
form (usually called a subrogation form, lien form, or letter
of protection form) which allows the attorney to withhold enough
money to pay medical bills directly from the insurance settlement
proceeds.
5. Why won't
the insurance company for the person or company who caused my
injuries automatically pay my medical bills as they occur?
Most insurance companies for the tortfeasor (the person, persons
or company who caused your injuries) will not automatically pay
medical bills as they occur. There are many reasons for this.
One reason is that they do not want to spend a substantial amount
of money for medical bills and then be faced with an unreasonable
or excessive demand at the time of final settlement. In other
words, they do not want to expend a substantial sum of money on
medical bills and then be faced with the chance of defending a
lawsuit. Secondly, most insurance companies want to conclude or
settle the claim with one sum of money. Therefore, most liability
insurance companies will wait for the letter of demand from your
6. How do I
keep track of all my bills?
One of the most important things for you to do is to keep an accurate
record of your medical bills. This is how you do it:
a. Ask for a medical bill each time you see a doctor or facility.
Maintain a record of your visits and make sure that you obtain
a medical
bill for each visit to your doctor, hospital, physical therapist
or medical facility.
b. Save all prescription bills.
Be sure to save copies of your prescriptions and drugstore receipts
for medicine that you purchase as a result of your injury.
c. Keep a separate chart with dates, amounts of medical bills
and purchases of medication.
Maintain a separate record which has the date of the medical service
or purchase of medication, the amount charged, and how the bill
was paid (by insurance, your own personal funds, etc.) This requirement
is very important because it will be
your actual record of medical bills incurred as a result of your
injury.
d. Be sure that your lawyer receives a copy of each medical bill,
prescription bill, or other bill related to your injury.
It is important for your lawyer to receive copies of all your
medical bills as well as a copy of your medical bill summary when
your case is ready for settlement. Even though your lawyer may
receive copies of bills directly from the medical facilities,
a double-check process will assure that your claim settles for
the maximum value. If your lawyer does not have a record of all
your medical bills, your case may be
settled for much less than its actual value.
e. Keep a record of medical bills even if they are processed through
a health insurance carrier.
Even if your medical bills are paid by a health insurance company
or your employer, you must still maintain copies for yourself
and be sure to get
copies to your lawyer.
|