Utah laws have many limitations, exclusions, and strict conditions related to personal injury protection and compensation claims. The injured party is required to present reasonable proof to back up the claimed economic and non-economic damages. Then, most defendants do not agree to the compensation claim at first sight, and most cases take time to settle even if they are resolved out-of-court. Meanwhile, the victims have no option but to bear their medical expenses until they receive their compensation.
Getting through the healing, rebuilding, and rehabilitating process, and waiting for the compensation is a tough period to pass through, especially when the injury is severe. Therefore, the first question that victims ask is: How do I pay for my medical treatment?
The experienced Utah personal injury attorneys at White and Garner got together and created this primer that explains what medical expenses can be claimed and how they can be paid and by whom:
Part A. Medical Expenses That Can Be Claimed
Victims work with their attorney to include the following expenses, whichever are applicable, in their claim:
- Treatment at a medical facility (including the cost of supplies, drugs, devices, ambulance bills, emergency room charges, etc.)
- Mental trauma
- Physical therapy
- Homecare
- Lost wages, current as well as future
- Damage to property
Part B. Who Pays the Victims for Their Medical Treatment?
(i) The Personal Injury Protection (PIP) insurance in a car accident
Utah is a no-fault car insurance state that requires each party’s insurance company to pay for injuries up to a limit. In a car accident, the medical bills are paid by the PIP insurance company.
Both or either party need to report the accident to their insurance agent, who then opens a claim.
If a Utah resident is injured while riding in another person’s car, and he owns a car and a PIP as well, then he can claim medical expenses from his insurance company. A Utah personal injury lawyer can explain this provision better in a face-to-face meeting.
(ii) Private Health Insurance
After using up his PIP coverage in a car accident, and in other personal injury cases, the injured party can claim his medical expenses from his health insurance company.
Using a health insurance policy also helps the injured party save up on interest that can accrue on unpaid medical bills. However, note that if the health insurance company pays the medical expenses and the injured party receives a settlement at a later date, he is required to repay to the health insurance company the amount he received (he may be given a discount).
(iii) Medicaid or Medicare
If the injured party does not have private health insurance, he can claim medical bills from the state of Utah (so long he is eligible for Medicaid). Medicaid works the same way as private health insurance does, with one exception – the injured party receives a bigger discount when he pays back.
(iv) Lien on Medical Bills
If medical bills continue adding up and all the options mentioned above are exhausted, then Utah personal injury attorneys can help the injured party set up a provider lien. The injured party is required to sign a lien with medical professionals who are open to doing a lien. The lien requires the injured party to commit to paying his outstanding medical bills within a certain timeframe irrespective of the outcome of his case.
The injured party can enter into a lien agreement with his medical provider, his private health insurance company or Medicaid/Medicare (where he generally receives a 33% discount on settlement), or a company that provides small loans (often used as the last resort because they are inadequate and charge a high-interest rate).
The disadvantage of entering into a lien is that the provider charges interest or premium. However, if there are no options left, then a provider lien cannot be avoided.
Working without a personal injury attorney in Utah is like shooting in the dark. The number of people hiring an attorney to help them fight cases and help them with their medical expenses has been rising over time.
So, if you need help, don’t hesitate, just take advantage of our free consultation offer.
Free Consultation Offer
If you would like to learn more, go ahead and set up a free consultation call with our team of experienced Utah personal injury lawyers. If you can’t make it, we’ll come to you.
We work on a contingency fee basis and work with you throughout the process to help you recover your rightful compensation, and even help setting up a provider lien, if required. There are no upfront costs.
Just talk to us and learn how we can make a difference. You have everything to gain, and nothing to lose.
