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September 1, 2024
- Blog
- By Cesar Ornelas
If you have no health insurance and are seriously injured in a commercial vehicle crash, one of the many questions you likely have is how to deal with the medical expenses. The short answer is that there are ways to access the treatment you need as well as
to recover compensation for your injuries. Here’s some advice from a car accident lawyer in El Paso, TX, on how to approach this situation.
What If You Have No Health Insurance and Are Seriously Injured in a Commercial Vehicle Crash? Advice from a Lawyer in El Paso, TX
Immediate Medical Care After the Crash
Emergency rooms in the United States are required to provide emergency stabilization regardless of your ability to pay under a federal law called the Emergency Medical Treatment and Labor Act (EMTALA). This law says that you cannot be turned away from an ER if your injuries are severe or life-threatening, even if you have no insurance.
Personal Injury Claims
If a crash was caused by someone else’s negligence, you can pursue a personal injury claim against the responsible party or parties to seek compensation to cover ongoing treatment, rehabilitation, and other associated costs. The sooner you hire a personal injury lawyer, the better, as the lawyer can help you access medical care right away.
Your personal injury attorney can send a doctor something called a Letter of Protection (LOP). An LOP is a promise that the medical facility will be paid from the proceeds of a future settlement or court award. This allows you to get the treatment you need without worrying about upfront costs.
In Texas, the law allows injured individuals to file a personal injury claim to seek compensation for a range of damages, including medical bills, lost wages, and pain and suffering. In personal injury claims involving commercial vehicles, several parties could be held liable, including the driver, the company they work for, or even the manufacturer of the vehicle. The success of the claim will depend on proving that the other party was at fault and that their negligence directly caused your injuries.
Legal Assistance and Contingency Fees
Many personal injury attorneys don’t require payment upfront; you hire them on a contingency fee basis. That means that your attorney gets paid only if you win your case and receive a settlement or court award; their payment is usually a percentage of that. This allows you to pursue compensation without worrying about legal fees while you are dealing with your injuries. It’s important to seek legal advice as soon as possible.
Also, be aware that attorneys can help you with more than just your personal injury claim. They can also help you through the process of dealing with medical bills, negotiating liens, and making sure all costs are covered by your settlement.
Payment Options for Medical Bills
While waiting for a personal injury case to be resolved, it can be a good idea to contact the billing department of the medical provider and see if you can negotiate your medical bills. Medical offices understand that not everyone has insurance, and they may be willing to reduce the total amount you owe if you demonstrate financial hardship.
Another option to explore is to ask the hospital or healthcare provider if you can set up a payment plans to help you manage these expenses over time. An additional avenue to explore is possible charity care programs that some hospitals and healthcare organizations offer to provide financial assistance to low-income patients.
Medical Liens
Another option that may be available is a medical lien. A medical lien allows healthcare providers to treat you without requiring upfront payment, with the understanding that they will be paid once your personal injury claim is settled. Essentially, the healthcare provider places a lien on any compensation you receive from the case.
Medical liens are often used when someone is injured in a crash and does not have insurance, and your attorney can start this process with their Letter of Protection. These liens can be a lifeline for getting necessary treatment without worrying about immediate payment. Just keep in mind that the healthcare provider will expect to be paid out of your settlement, so you’ll need to be factoring in medical costs into your settlement negotiations, even if you’re not paying them out of pocket right away.
Uninsured Motorist Coverage
Some car insurance policies include uninsured motorist (UM) coverage, which is meant to protect drivers who are injured by someone who does not have sufficient insurance to cover damages. UM coverage can help pay for medical bills even if you do not have separate health insurance. It can also extend to other expenses like lost wages, pain and suffering, and property damage. This can be especially helpful if the driver responsible for the accident is underinsured or does not carry sufficient insurance.
While UM coverage may not cover every type of expense, it can make a big difference to the overall financial burden of medical care and other costs associated with your injuries. If you are injured in a crash and don’t have health insurance, it’s worth reviewing your auto insurance policy to see if you have UM coverage.
Government Assistance Programs
For individuals without health insurance, government assistance programs such as Medicaid may provide coverage for medical expenses. Medicaid is a state and federally funded program that offers healthcare coverage to low-income individuals. Each state has its own eligibility requirements, and in Texas, Medicaid is available for certain categories of people, such as pregnant women, the elderly, individuals with disabilities, and low-income families.
If you qualify for Medicaid, it can help to cover hospital bills, follow-up treatments, and rehabilitation costs after a crash. Even if you do not currently qualify, changes in your financial situation after the accident may make you eligible. Applying for Medicaid can take some time, but it’s worth investigating. Ask your lawyer for advice here.
The Importance of Documentation
Thorough documentation from the moment of the crash will help in getting the compensation you need in a personal injury claim. Keep a detailed record of your injuries, medical treatments, and expenses.
Medical records, doctor’s reports, and receipts and bills will be necessary evidence to show the expenses you have incurred. Photographs of your injuries and records of missed work will demonstrate the impact the injury has had on your life. The more documentation you have, the better positioned you will be to recover compensation.
Potential Consequences of Delaying Medical Care
If you don’t have health insurance, it may be tempting to avoid or delay medical treatment. However, putting off care can have serious consequences for both your health and your legal case.
For one thing, without timely treatment, some injuries just get worse, and this could even lead to long-term complications and disability. In addition, insurance companies and opposing attorneys may argue that your injuries aren’t as severe as you claim if there’s a gap in treatment. Seeking medical care as soon as possible and following through with recommended treatments protects both your health and your chances of recovering compensation.
As you can see, there are options, even if you haven’t got health insurance. If you’ve been injured in a crash, contact Cesar Ornelas Law in El Paso, TX right away for help.
