After sustaining an injury in an accident that was someone else’s fault, the at-fault party is ultimately liable for your medical bills. Still, if your personal injury claim is still in progress, your mailbox may overflow with medical bills. Insurance companies typically only pay medical expenses once you settle or the court delivers a verdict.
In Texas, pursuing a personal injury claim can take months or even years, and healthcare providers often demand payment before your claim settles. What can you do while waiting?
You may be responsible for paying in the meantime
Here are some possible scenarios while your claim is pending:
- You pay out of pocket: You may need to finance your medical bills upfront, which can be a significant financial strain. You may be able to request reimbursement for these expenses as part of your personal injury claim.
- Your health insurance pays: Your health insurance may cover the expenses. However, your insurer may also have a right to subrogation, which means they can seek reimbursement from the at-fault party’s insurance company.
- Medicare or Medicaid pays: If you are eligible, these programs may shoulder the bills. They can also pursue subrogation.
- The at-fault party’s insurance company covers: In some cases, the at-fault party’s insurance company may agree to pay some or all of your healthcare bills while the claim is pending. This is not always the case.
Texas follows a modified comparative fault rule. This means that if the court deems you more than 50% responsible for the accident, you may be unable to recover damages.
It is also crucial to note that you generally have two years from the date of the injury to file a lawsuit. If you miss this deadline, you could lose your right to compensation, leaving you solely responsible for all medical expenses.
Obtain solid legal representation
Contending with medical bills during a pending personal injury claim can be daunting. You might accept a settlement that does not fully cover your losses. Refrain from doing so and let a Texas personal injury attorney manage the legal aspects of your claim.