{"id":8385,"date":"2021-03-25T13:08:49","date_gmt":"2021-03-25T17:08:49","guid":{"rendered":"http:\/\/localhost:10028\/uncategorized\/personal-injury-settlement-who-will-pay-the-medical-bills\/"},"modified":"2021-03-25T13:08:49","modified_gmt":"2021-03-25T17:08:49","slug":"personal-injury-settlement-who-will-pay-the-medical-bills","status":"publish","type":"post","link":"https:\/\/napolilaw.lemonadestand.org\/en\/article\/personal-injury-settlement-who-will-pay-the-medical-bills\/","title":{"rendered":"Personal Injury Settlement &#8211; Who Will Pay the Medical Bills?"},"content":{"rendered":"<p>This question weighs heavily on the minds of many personal injury victims. The medical bills following a catastrophic injury, like a spine injury, <a href=\"https:\/\/www.christopherreeve.org\/living-with-paralysis\/costs-and-insurance\/costs-of-living-with-spinal-cord-injury\" target=\"_blank\" rel=\"noopener\">could exceed $4 million<\/a>.<\/p>\n<p>Expenses related to other serious injuries, such as head injuries and even broken bones, could be tens of thousands of dollars.<\/p>\n<p>That\u2019s especially true when considering physical therapy and other non-emergency treatment costs.<\/p>\n<p>A <a href=\"\/practice-areas\/personal-injury\/personal-injury-law\/\">New York personal injury attorney<\/a> is not a doctor.<\/p>\n<p>However, a lawyer can quickly connect victims with experienced medical providers. Additionally, thanks to a lawyer\u2019s efforts, these professionals usually defer their bills.<\/p>\n<p>So, accident victims do not need to worry about paying bills. They just need to worry about getting better.<\/p>\n<h2>Establishing Medical Expenses<\/h2>\n<p>When it comes to establishing damages in a negligence case, medical bills contain invaluable information. However, before bills are presented in court, there are some issues to consider and some obstacles to overcome.<\/p>\n<p>Over-relying on medical bills could be a mistake.<\/p>\n<p>Frequently, these statements contain few or no treatment notes. These notes help establish pain levels and other intangible items.<\/p>\n<p>So, an attorney often needs to look elsewhere to prove intangible expenses.<\/p>\n<p>Typically, witnesses can testify not only about an accident but also about how an accident affected a victim.<\/p>\n<p>Furthermore, medical bills are not always accurate, especially in terms of diagnosis issues. Misdiagnosis is the <a href=\"https:\/\/www.ncbi.nlm.nih.gov\/pmc\/articles\/PMC5873736\/\" target=\"_blank\" rel=\"noopener\">leading cause<\/a> of medical malpractice claims.<\/p>\n<p>These issues often come up when a general practice doctor tries to diagnose and treat injury-related conditions, like whiplash and brain injuries. Therefore, an attorney often needs backup evidence.<\/p>\n<p>Finally, medical bills are only admissible in court if an attorney lays the proper foundation.<\/p>\n<h2>Medical Bill Deferral<\/h2>\n<p>It\u2019s very difficult for victims to pay medical bills in the wake of an accident.<\/p>\n<p>Typically, victims are unable to work, so there is no money coming in. Additionally, most people have less than $1,000 in savings. Many families have nothing at all.<\/p>\n<p>As mentioned, attorneys can usually defer medical billing until the case is resolved.<\/p>\n<p>They send <a href=\"https:\/\/howtowritealetter.net\/pdf\/304_0\/Letter-of-Protection-Medical-Bills-Sample.pdf\" target=\"_blank\" rel=\"noopener\">letters of protection<\/a> to medical providers. These letters guarantee payment when the case is resolved.<\/p>\n<p>So, these providers charge nothing upfront for their services.<\/p>\n<p>As a bonus, attorneys normally have professional relationships with doctors who specialize in injury cases.<\/p>\n<p>So, victims get the medical treatment they need, as opposed to what an insurance company is willing to pay for.<\/p>\n<p>If you need additional financial assistance, an attorney might be able to arrange for a lawsuit loan. A bank gives a victim a cash advance in exchange for part of a future financial settlement.<\/p>\n<p>Always speak with your attorney before you borrow money in this way.<\/p>\n<h2>Payment of Medical Bills<\/h2>\n<p>Like most expenses, medical bills cannot be deferred forever.<\/p>\n<p>When the day of reckoning comes, different states separate medical bills from other settlement funds in different ways.<\/p>\n<p>This area of law is called the collateral source rule. New York\u2019s version of this rule is very <a href=\"https:\/\/codes.findlaw.com\/ny\/civil-practice-law-and-rules\/cvp-sect-4545.html\" target=\"_blank\" rel=\"noopener\">complex<\/a>.<\/p>\n<p>Let\u2019s back up for a moment. An attorney is not just a good litigator. An attorney is also a good negotiator. So, lawyers can often reduce medical bills.<\/p>\n<p>Assume Felix is seriously hurt in a car crash. His doctors provide $50,000 worth of services.<\/p>\n<p>Felix\u2019s lawyer convinces his doctors to cut their medical bills in half. In some cases, Felix might be able to pocket the extra $25,000. Unfortunately, that\u2019s not true in all cases.<\/p>\n<p>Timing is important in these situations as well.<\/p>\n<p>If the case settles too early, the settlement amount might not fully account for all future medical expenses. It\u2019s very difficult to reopen a closed case.<\/p>\n<p>So, these victims might have to pay these future expenses out of pocket.<\/p>\n<p>Medical bill payment is often the largest part of a personal injury settlement.<\/p>\n<p>For a free consultation with an <a href=\"\/contact-us\/\">experienced personal injury attorney in New York<\/a>, contact Napoli Shkolnik . You have a limited amount of time to act.<\/p>\n","protected":false},"excerpt":{"rendered":"<p>This question weighs heavily on the minds of many personal injury victims. The medical bills following a catastrophic injury, like a spine injury, could exceed $4 million. Expenses related to&#8230;<\/p>\n","protected":false},"author":3,"featured_media":8386,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"_acf_changed":false,"inline_featured_image":false,"footnotes":""},"categories":[775],"tags":[1026,815,851,878,881,953,964],"class_list":["post-8385","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-personal-injury","tag-healthcare","tag-general-negligence","tag-personal-injury-lawyers-near-me","tag-insurance-claims","tag-doctor-mistakes","tag-medical-malpractice","tag-personal-injury"],"acf":[],"page_builder_type":"gutenberg","gutenberg_data":[],"_links":{"self":[{"href":"https:\/\/napolilaw.lemonadestand.org\/en\/wp-json\/wp\/v2\/posts\/8385","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/napolilaw.lemonadestand.org\/en\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/napolilaw.lemonadestand.org\/en\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/napolilaw.lemonadestand.org\/en\/wp-json\/wp\/v2\/users\/3"}],"replies":[{"embeddable":true,"href":"https:\/\/napolilaw.lemonadestand.org\/en\/wp-json\/wp\/v2\/comments?post=8385"}],"version-history":[{"count":0,"href":"https:\/\/napolilaw.lemonadestand.org\/en\/wp-json\/wp\/v2\/posts\/8385\/revisions"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/napolilaw.lemonadestand.org\/en\/wp-json\/wp\/v2\/media\/8386"}],"wp:attachment":[{"href":"https:\/\/napolilaw.lemonadestand.org\/en\/wp-json\/wp\/v2\/media?parent=8385"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/napolilaw.lemonadestand.org\/en\/wp-json\/wp\/v2\/categories?post=8385"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/napolilaw.lemonadestand.org\/en\/wp-json\/wp\/v2\/tags?post=8385"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}