Who Pays Medical Bills Before a Texas Personal Injury Claim Settles?

On Behalf of | May 24, 2021 | Personal Injury

If you have been injured and someone else is at fault, that person is likely responsible for paying your medical bills, and you can hold them accountable by filing a personal injury claim. However, even in the best-case scenario, it can take several weeks or months to settle a claim and receive the compensation you are entitled to. In the meantime, you may need significant medical treatment, and you may be concerned about how to cover the costs before you have the funds from a settlement or verdict.

Health Insurance and Subrogation

In most cases, an injury victim’s health insurance provider will pay for the costs of all covered medical and surgical expenses related to the injuries. This helps ensure that victims can get treatment when they need it without worrying about personal financial hardship. However, insurance providers are usually entitled to reimbursement for the benefits they pay through a process called subrogation.

This means that when an injury victim is granted compensation through a settlement or verdict, a portion of that compensation will go to the health insurance provider. Under Texas law, this portion is limited to the actual cost of the benefits provided minus the victim’s attorney fees, or half of the total recovery minus the victim’s attorney fees, whichever is less. This means that if your award includes any compensation for lost wages or pain and suffering, you should be able to keep that portion for yourself.

Covering Out-of-Pocket Medical Expenses

Unfortunately, some injury victims do not have access to health insurance coverage, and those who do have coverage may be responsible for deductibles and out-of-pocket expenses for treatment that is not covered by the policy. If you find yourself in either of these situations, you may be able to cover some of the expenses upfront by using your savings or asking family and friends for help. However, if your injuries are severe, it can be very difficult to cover all of the costs on your own.

In these cases, you may be able to arrange a payment plan with the hospital and any other medical providers responsible for your care. For example, a plan could divide your bills into smaller, manageable payments over time, or delay your payment obligation until after you have received a settlement.

Contact a New Braunfels, TX Personal Injury Attorney

At The Bettersworth Law Firm, we help injury victims recover compensation from negligent parties as efficiently as possible. If you are concerned about your medical expenses while your case is in progress, we can also advise you on handling subrogation claims or negotiating a payment plan. Contact us today at 830-443-9193 for a free consultation with our New Braunfels personal injury lawyers.