What Can I Do About My Unpaid Medical Bills in California?
If you or a loved one was injured in an accident caused by a negligent party, we may be able to help. At The Law Offices of Bamieh and De Smeth, PLC, we can help you fight for the compensation you deserve. Backed by decades of experience, we can fight aggressively and strategically to hold the liable parties accountable for your losses.
To learn more about your case in a free, confidential consultation, call our law offices today at (805) 643-5555.
Who Will Pay for My Medical Bills Following an Accident in California?
After being involved in an accident, you may wonder who will pay for your medical bills. As we all know, a visit to the hospital can cost a lot of money, especially to those who have to undergo specialized medical procedures. For instance, if you were involved in a car accident and suffered severe injuries, you may need surgery and ongoing medical treatment. These medical services can quickly add up, leaving you with a hefty bill to pay. But what can you do about your unpaid medical bills?
Generally, a person whose negligence caused the accident leading to your injuries is liable for all your losses. This means the liable party is responsible for paying for things such as your medical bills. However, you can face problems on the road to recovering compensation. For instance, the liable parties may argue that you were the negligent one, or that they had nothing to do with the accident. In such a situation, your case may be delayed, and the recovery process can be lengthy and stressful. While it’s possible to get compensated through a lawsuit, there are other alternatives available to pay for your medical bills while the lawsuit process takes place.
For instance, California residents have the opportunity of getting their medical bills paid before going to trial. One of the ways you can pay for your medical bills after a car accident is through private health insurance. Additionally, you can opt to get California’s “Med Pay” auto insurance. Med Pay can cover all reasonable and necessary medical expenses stemming from your accident. Some of the things covered through Med Pay include doctor’s bills, hospital bills, X-Rays, MRIs, and other reasonable medical expenses.
Considering these options can put you in a better position of paying for your medical bills before going for a lawsuit.
What Happens After My Insurance Have Paid for My Medical Bills?
Imagine you have gone through an accident and your health insurance company paid for your medical bills. After paying your bills, you decide to file a lawsuit against the liable parties. In this situation, plaintiffs may not obtain full compensation for their losses. For instance, your insurance company may opt to file a lien against whatever compensation you are awarded. This process of reclaiming what the insurer paid for is known as “subrogation.”
California allows insurance companies to reclaim the money they spent to cover your medical expenses. However, insurance companies must wait until you have been “made whole” before getting back their investment.
Proving Negligence for Your Car Accident in California
Proving negligence is one of the most important – if not the most important- aspects in your personal injury case. Getting compensated for your injuries will depend on your ability to prove negligence. You will need to prove four essential elements to obtain compensation from your personal injury claim. The elements you will need to show in your personal injury claim are:
Duty of Care
Duty of care is the first element you will need to show in your personal injury case. The duty of care is the obligation of acting prudently and reasonably in a given situation. For instance, drivers on the road have a duty to operate their vehicles safely to avoid accidents. Therefore, you will need to prove that the defendant in your case had an obligation or duty of care.
Breach of Duty
You will need to establish that the defendant did not behave as a reasonably prudent person, breaching their duty of care. Following the last example, you need to show that the other driver did not take the appropriate measures to avoid an otherwise preventable accident. This can be achieved by arguing that the other driver was speeding, driving under the influence, or driving recklessly.
In this stage, you will need to establish that the defendant’s breach of duty caused your accident, leading to your injuries, and subsequent losses.
Finally, you will need to show the court you incurred in losses justifying the concession of a remedy. For instance, you can show you had medical expenses, lost wages, and pain and suffering as a consequence of your accident.
Our California personal injury attorneys can guide you through the entire personal injury process.
Personal Injury Attorneys Offering Free Consultations in Ventura and Santa Barbara
Facing a devastating personal injury after an accident, can be emotionally, physically, and mentally taxing. The recovery process can affect both the victims and their loved ones. Matters can be worse knowing someone else was responsible for your losses. At The Law Offices of Bamieh and De Smeth PLC, we understand how difficult it can be to get back on your feet after a severe accident.
Furthermore, we know the last thing you want while recovering from your injuries is an uphill battle against the at-fault parties. However, you don’t have to face this difficult situation on your own. Our Santa Barbara and Ventura personal injury attorneys can help you hold the liable parties accountable for your losses while you focus on recovering. To learn more about your case in a free, confidential consultation, call our law offices today at (805) 643-5555.