If your medical bills are higher than your settlement, you may be able to achieve a better settlement if it is not finalized, negotiate down any liens or outstanding bills, delay payments without affecting your credit rating, or explore additional insurance coverage and legal options.
Possible solutions that apply to you depend on your individual circumstances. A Los Angeles personal injury lawyer can help you determine how to handle the situation and may represent you.
If You Have Not Yet Accepted a Settlement Offer, a Lawyer May Be Able to Secure a Better Settlement
Although insurance policies have limits, providers may not have offered the maximum settlement a policy provides for. If there is a strong case for a better settlement offer, your lawyer can adjust your claim and negotiate with insurance companies.
If you filed a claim without getting professional advice, there is a strong possibility that you can secure a far better payout with a lawyer’s help. For example, a car accident lawyer can help you navigate insurance claims so that you receive a better settlement offer.
Common errors include claiming a settlement that does not factor in future costs, only to find that the settlement offer fails to cover your medical bills. You may have overlooked documents supporting claims for certain costs or failed to address liens and subrogation rights. As long as you have not accepted the settlement yet, your lawyer may be able to help.
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It May Be Possible to Gain a Favorable Verdict in Court
You have not accepted a settlement that fails to cover your medical bills, and your lawyer’s negotiations have not led to a settlement offer that covers your costs. It may be possible to obtain a court verdict in your favor. However, if the settlement offer matches the at-fault party’s policy limit, the insurance company is not obligated to pay more.
Your lawyer can investigate the at-fault party’s financial status to determine whether it is worth pursuing a case that would require them to pay you out of their personal assets. The success of this strategy depends on whether they have sufficient assets to make this course of action worthwhile.
Negotiating Liens and Bills To Reduce Your Medical Costs
If your medical bills are more than your settlement and you have already accepted it, there is still hope for relief. Your lawyer can contact your medical creditors, negotiating reductions in their bills based on §3040 of California’s civil code.
In many instances, this law limits how much health providers and health insurance companies can claim from your settlement. A lien may also be reduced to accommodate your attorney’s costs. They can work to demonstrate why your bills should be reduced, making your settlement go further.
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Reviewing Your Medical Bills in Search of Errors or Overcharges
From duplicate charges to inflated fees, medical billing errors are more common than you might expect. According to Healthcare Weekly, medical coding and billing offenses are common, with up to 80% of medical bills containing inaccuracies.
Your lawyer will know experts who can review your bills in search of errors or overcharges. They can dispute charges that seem inaccurate or excessive, and if your lawyer can show that you were overcharged, some charges may be reduced or waived.
If your medical bills exceed your settlement, this can significantly reduce them, and your settlement may even cover them. The primary focus is to ensure you only pay for the care you received, and that providers comply with reasonable standard rates.
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Searching For Additional Coverage And Sources of Compensation
There may be more sources of funds than you are aware of. For example, a person who is involved in a car accident with an underinsured motorist may have an insurance policy with underinsured motorist (UIM) coverage. Although UIM coverage is not among the basics stipulated in California’s car insurance requirements, your insurance policy may include it as an extra.
Medical payments (MedPay) coverage is another optional extra you may already have. It is a form of no-fault insurance that covers certain medical expenses up to a set policy limit. Your lawyer can examine your insurance in search of extra cover and help you claim it.
If your accident happened while you were at work, you would qualify for workers’ compensation benefits or be eligible for short-term disability payments. If you have already accepted a settlement that doesn’t cover your medical costs, and a third party was partially responsible for the accident, you can pursue a claim against them.
Delaying Collection and Arranging Payment Plans
While negotiations or appeals are in progress, you may not be in a position to pay your medical bills. An attorney can discuss this with healthcare providers to prevent them from sending your bills for collection before negotiations conclude.
If your medical bills are still more than your settlement after exploring every avenue, there are other ways to reduce pressure on your finances. For instance, many providers can be persuaded to offer a payment plan that matches your ability to pay.
Your attorney may be able to negotiate a lower interest or interest-free payment arrangement. It is also possible that some of your healthcare providers have financial assistance policies for lower-income patients.
What to Do if You Are Worried Because You Know Your Medical Bills Will Be High
When you know your medical bills will be high, it is natural to worry about how you will pay them. A situation in which your medical bills exceed your settlement may be avoidable. Your lawyer can determine how much you can hope to recover, calculate medical costs and future medical expenses, and present a strong claim.
If someone else caused your injuries, The Ryan Law Group will seek solutions to recover the maximum compensation you can claim. In many instances, we can claim amounts far in excess of your medical costs, addressing all your damages to the fullest extent possible.
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