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How Medical Insurance Payments Affect a Personal Injury Lawsuit

Winters and Yonkers

The problems many individuals have with health insurance coverage when they are making a personal injury claim across the U.S. with an entire sector of the legal and health insurance markets taken up by this growing area of court cases. Any personal injury attorney Tampa residents can trust with their cases such as Winters and Yonkers will explain it is important for a claimant to understand the complex issues often revolving around the use of health insurance payments made prior to an injury taking place. The Bureau of Labor Statistics reports in 2005 when around 3.1 million people in the U.S. required medical assistance because of an injury, less than five percent of all claims made their way to trial with the other 95 percent of cases being settled out of court largely because of the existing system which is already in place.

Who pays for treatment

In many cases, a health insurance provider will cover the majority of the costs surrounding a personal injury claim as they have already entered into a contract to do so with the injured party. Over the course of a policy, the claimant has made regular payments to their insurance provider in return for access to medical care should an injury take place; in essence, the policy-holder is paying for their healthcare in advance and will expect the maximum care possible under the terms of their contract. When a personal injury attorney Tampa enters the equation they will explain any compensation received will probably be subject to the health insurance provider claiming the payments made for hospital treatment.

Health insurance liens

Although many personal injury claimants passing through the doors of Winters and Yonkers may feel this is something of a gray area, it is usual for an insurance company to place a lien on any claim being made for personal injury. In effect, the health insurance is looking to get the funds back they may have spent on the medical care received by the policyholder resulting from the negligence of another.

It is now common for a lien to be placed on any personal injury claim by a health insurance provider as they believe the medical bills have been paid for through their funds because of an existing contract with a hospital. These terms have largely been written into the contracts between a health insurance provider and the individual policyholder in the 21st-century and state the insurance provider will seek out ways of recovering funds spent on the medical bills of an individual. Any lien is the most common way of a health insurance provider making sure they receive their share of any personal injury compensation payout made as a settlement or after a court trial.

Hospital Liens

A personal injury attorney Tampa will often complete a search of the various liens placed on the potential payout from a personal injury claim as hospitals have become proficient in a practice known as “balance billing”. Liens are often placed in many states despite this not being classed as an ethical or legal act by many state attorney generals who have barred hospitals from completing this practice in states such as Michigan and Florida.

Balance billing consists of a health insurance provider working out a contract with a hospital system which may lower the cost of services provided by a significant amount which can add up to a major discount for policyholders seeking treatment. The balance between the original cost of a service and the discounted price should be absorbed by the hospital system but in many cases where a hospital is losing money, these costs are being sought at a fast rate.

Balance billing liens

Balance billing is controversial and the personal injury experts at Winters and Yonkers will do their best to battle these issues for their clients. The basics of these forms of liens are that an individual will have a lien placed on any potential personal injury claim linked to the treatment they received at a hospital; the lien will ask for the balance of payments between the discounted cost is given to a health insurance provider and the original cost of a service to be subtracted from any personal injury compensation received.

Although this practice has been outlawed in upwards of three states it is still ongoing and can make a significant impact on any compensation payment being made. There are many individuals who have seen these forms of liens placed on their claims even though the hospital system has already made a contract with the health insurance provider to offer services for a specific rate.

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