September 22, 2022
How Can My Personal Injury Lawyer Help Me Get Medical Compensation?
The costs associated with getting into an automobile accident can be overwhelming to say the least, and may include vehicle damage, lost time at work, and medical expenses. In some cases, crash survivors can seek and receive compensation for all of these, depending on the nature of the case, who was at fault, and the type of lawyer handling the case.
What is a Personal Injury Lawyer?
The cost of medical treatment (especially for more serious accidents) is higher than ever, with patients feeling shocked to see their final medical bills. Trying to manage the payments while recuperating after a car accident can be difficult, and this is where a personal injury lawyer may be of significant help.
Personal injury lawyers provide legal representation to clients who have been injured in slip and fall cases, product liability claims, medical malpractice, and car accident cases. These professionals specialize in tort law, which includes both negligent and intentional acts. They work to obtain compensation for those who are injured in these situations, and car accidents are the most common kinds of cases that they get involved with.
Does Insurance Pay for My Car Accident Injuries?
States have different laws that apply to this answer. In Pennsylvania, your auto insurance provider will usually step up to pay the medical bills incurred in an accident. What they cover depends on the kind of you policy you bought; the minimum amount for medical bill coverage for a car crash in Pennsylvania is $5,000. When the bills exceed the covered amount, your health insurance should manage the rest.
If another driver is found to have caused the accident, their insurance company might be responsible for paying your medical bills. When approved, these providers generally offer their settlements in exchange for your agreement to not pursue a lawsuit. Some negotiation may be involved to get to the number you are seeking, and a personal injury lawyer can help with this.
Unfortunately, many drivers who cause accidents do not have auto insurance. You may have been able to get your medical bills paid if you have Underinsured/Uninsured Motorist coverage. These situations sometimes lead to court cases, but the defendant would need to have enough assets to pay your medical bills.
Should the agreed-upon compensation include medical bills already paid by your health care insurance, this second provider could put a lien on part of the settlement because they will want to be repaid. Also be aware that if you choose to accept a settlement, you will have to sign a release that will absolve the defendant and insurer of any further liability for the incident.
How Can a Personal Injury Lawyer Help My Case?
If you are unable to get insurance benefits that cover your medical bills, a personal injury lawyer can help you work towards getting a settlement or building a court case. These professionals usually work on a contingency basis, so fees are only charged once they secure settlements or jury verdicts. They adhere to best practices when evaluating clients and cases and take on the ones that have the most merit.
These attorneys have experience and the necessary skills for locating alleged at-fault drivers, including for hit-and-run cases. A personal injury lawyer can also work to gather evidence and investigate your claim to establish fault. Proving negligence can be complicated for accident survivors, especially those who are recovering and/or are unfamiliar with how personal injury laws work.
You can also have your lawyer assist with determining the damage directly related to the crash. This also serves as evidence, and for medical claims they will need copies of diagnoses, treatment plans, appointment schedules, and of course, all the invoices and receipts. Other ways of showing medical injuries incurred include photographs and witness testimony. Should you decide to pursue a court case, you will need to be patient because the process takes time. Your personal injury lawyer will handle the administrative work and red tape so you can focus on your recovery.
It is crucial that you share all the facts pertinent to your claim, and that you are completely honest with your attorney, because omitting details or providing information that is not factual could be problematic as things progress. Pennsylvania has a “modified comparative fault” law that only allows claimants to recover monies when they are no more than 50 percent responsible for causing the crash. When the claimant is held accountable for a smaller percentage, any awarded damages will be reduced accordingly (medical bill coverage included). You will also need to know that the state has a two-year deadline for filing most auto accident suits, which starts on the day of the crash.
What Else Should I Know About Auto Accident Medical Bill Coverage?
Pennsylvania residents who do not own vehicles or have auto insurance sometimes receive medical coverage when they reside with family members who have it. There may also be the option of being covered if the car you were in was covered at the time.
Be aware that Pennsylvania also has a “no fault” law that pertains to medical payments found in Pennsylvania Motor Vehicle Financial responsibility Law Title 75. This rule specifies that car accident survivors must seek out payment for their medical expenses from their own insurance companies first. These providers can pay up to the coverage limits for this category before your health insurance will kick in.
Insured drivers who have picked the full tort insurance option may be able to go beyond the no-fault limitations and file suits against insured, liable drivers. Depending on the verdict, plaintiffs may be able to get all their medical expenses paid, plus other things like property damage, lost wages, and pain and suffering.
A Montgomery County Car Accident Lawyer Can Help with Your Personal Injury Claim
A serious automobile accident can lead to significant injuries, ongoing care, and a pile of medical bills. Seeking fair reimbursement can be challenging, but a trusted Montgomery County car accident lawyer from the firm of Anthony C. Gagliano III, P.C. can fight to get you the compensation you deserve. For a free consultation, complete our online form or call our Philadelphia offices at 267-861-7100.