Introduction
One of the most challenging aspects of a personal injury settlement is managing where the medical expenses exceed what has been awarded. In this article, I hope to assist attorneys comprehend clearly the intricacies of this problem, the reasons behind exorbitant medical bills, what an insufficient settlement may cause, and what steps can be taken to deal with these issues optimally. In this regard, high medical bills, the result of unreasonable settlement amount, is further examined more deeply.
Understanding the Landscape of Medical Bills and Settlements
The Nature of Medical Expenses
• Emergency Services: The initial treatment often is expensive as the emergency department’s response and hospital admission costs are incurred.
• Surgical Procedures: Complicated surgeries can greatly increase the medical expenses.
• Long-term Care: The cost of rehabilitation and therapy can add up over time.
• Price Shifting: The unwarranted unexpected cost phenomenon in patient care due to myriad providers’ billing and complex rates.
Why Settlements May Fall Short
• Insurance Policy Limits: The defendant’s coverage may be inadequate for the extensive medical treatment needed.
• Estimation Error: A long-term settlement may be disregarded.
• Liability Allocation: Apportionment of less responsibility results in lesser value of settlement offered.
• Coinsurance: Is anything done prior to health issue?
Key Strategies for Attorneys to Assist Clients
1. Comprehensive Medical Records Review
• Importance: In a case where expenses do not align, a comprehensive review of medical records should highlight the discrepancies.
• Procedure: Remove medical records from review and incorporate an analysis of treatment files and billing statements instead.
2. Negotiating Medical Bills
• Direct Negotiation: Push clients to speak to medical vendors directly to receive a better discount.
• Payment Structures: Offer assistance to create non-strenuous payment structures that take the financial burden off immediately.
• Charity Aid Programs: Attend schooling to find and file for financial aid programs provided by the hospital.
3. Exploring Additional Coverage Options
• Personal Injury Protection Insurance: Suggest to your clients to cover additional injuries with PIP insurance.
• Health Insurance: Inform the clients to ensure that the health insurance does cover any settlements the client receives.
Common Questions Addressed
Can Medical Bills Be Negotiated After a Settlement?
Yes, clients can negotiate medical bills post-settlement. This often involves:
• Spotting Mistakes: Assessing bills that came in detail for mathematical errors.
• Out of Region Pricing: Checking out resources that enable comparisons of medical pricing.
• Financial Hardship Acquisition: Taking persuasive documents depicting financial hardship to strike better deals.
What Happens if Medical Bills Remain Unpaid?
• Collections: Any unpaid arrears might be forwarded to collections which can in turn lower your credit rating.
• Legal Action: Service Providers can pursue legal measures to recuperate costs.
• Bankruptcy: In extreme situations, clients are permitted to declare bankruptcy as a final option.
Case Studies
Case Study 1: Car Accident Victim
• Overview: One client involved in the car accident had $50,000 worth of medical expenses but only received $30,000 from the settlement.
• Challenges: The client encountered hostile actions to collect from the medical providers.
• Solutions: The lawyer was able to negotiate 40% off the medical expenses and put the patient in a payment for the rest of the balance.
Case Study 2: Slip and Fall Incident
• Overview: As for the slip and fall incident, the victim paid $75,000 in medical expenses but only received $50,000 from the settlement.
• Challenges: In this case, the client could not manage the cost of rehabilitation.
• Solutions: The attorney advised checking the medical records which resulted in identifying some errors leading to 25% discount of the total bills.
• Compensation: The client was able to pay for all medical expenses and save more money from the settlement than he expected.
Conclusion
Attendees must remember that attorneys are indispensable when it comes to personal injuries, especially when medical bills surpass the amount of the settlement. It is undisputed that attorneys have unique options ranging from understanding medical billing, negotiating for the client, and utilizing everything at their disposal to make sure that clients are protected.
