Do I Need To File a Claim if My Medical Insurance Paid the Bills?

Personal Injury Lawyer

Getting injured through no fault of your own is frustrating, especially when it comes to paying the medical bills. Depending on the severity of your situation, these bills can amount to a small fortune, and while you have paid medical premiums for years, you still don’t like the thought of paying copays and out of pocket expenses for something that was not your doing. When another person’s negligence causes you harm, you have the right to file a personal injury lawsuit to recoup some of what you lost. If your medical insurance has paid for your injuries, does filing a lawsuit make sense?

Medical Liens May Get Filed

If you get hurt in a car accident, it is common for your medical pay under your car insurance to pay for the initial care. Depending on what state you live in, however, you may not have this type of coverage under your policy. In that case, you would go to the hospital or doctor, and your medical insurance covers the cost of treatment. When the insurance company discovers you have filed a suit against the other driver for reimbursement, they may file a lien. Doing this ensures that they will get paid back the money they spent on your treatment.

When an insurance company files a valid lien, and the court awards you money, the lien gets paid off before you get your award. If you win a $50,000 settlement, and the medical lien is $30,000, you will only get $20,000 in your pocket (less attorney’s fees).

Not Every Claim Is Valid

Your insurance probably won’t pay for some accidents, such as those suffered on the job. When you get hurt while working, and your employer is required to carry workers’ compensation insurance, then that insurance company pays for your treatment immediately. Thus, suing your employer over your on-the-job injury will most likely not result in the insurance company getting reimbursed.

Circumstances Where You Can File a Personal Injury Claim

A personal injury claim is filed against a person or entity who is responsible, either directly or indirectly for your injuries. For example, if a dog bites you with no provocation while you are at the park, the owner is generally held liable. Other circumstances that would qualify for personal injury claim include:

  • Motor vehicle accident where you are not found to be at fault
  • Slip and fall in a place of business
  • Medical malpractice
  • Workplace injuries (with or without workers’ comp insurance)

If you get hurt, you may want to speak with a personal injury attorney about your options. Even if your medical insurance paid the bills, you might have the right to recoup more.

Source: Personal Injury Lawyer Fort Lauderdale, Florida, Needle & Ellenberg, P.A.

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