What is Subrogation?
So, do your medical bills go unpaid in Indiana if you do not have health insurance of some kind?
Yes, that can happen.
This is a difficult concept for many people to understand. They might be get misinformation from family and friends that the defendant landowner is "legally required" to pay your medical bills in every slip and fall instance. After all, it seems logical that the landowner should have insurance to cover your medical bills regardless of fault (and some do have coverage that covers a small amount of bills regardless of fault, but it is rare).
But the law says otherwise.
The law of negligence for an injury on land is that an injured person must first "prove" the landowner did something unreasonable that caused or allowed a dangerous condition on its property that directly led to the injury. This means that there is no law that requires a negligent landowner to pay the medical bills of the injured person in advance until (1) a settlement is reached; or (2) a jury trial results in a verdict in favor of the injured person and against the landowner.
So, what can be done in the meantime to get your bills paid while your claim or case is going? So, how do your medical bills get paid in a slip and fall?
There are numerous methods to get your bills paid in the meantime.
Well, sometimes you have health insurance that will pay a portion. Other times you might have Medicaid or Medicare or other government insurance that will pay.
If you were on the job at the time, you can have worker's compensation insurance that will pay your bills.
But, if you do not have those things available to you, the settlement might be the only funds available for paying unpaid medical bills.
Some physicians or other medical providers might accept a "letter of protection" once they learn you have a lawsuit pending against the business where you fell. That allows them to treat you but be paid back at the conclusion of the case upon your promise and Shaw Law' promise to do so.
Some hospitals will render treatment but then take a "lien" against your case to be paid back if you ever recover any funds in your lawsuit. This is allowed by Indiana law, too.
There are 2 important concepts to remember:
No matter who pays -- health insurance, the government or a promise to pay -- you will be required to pay them back if you receive a settlement or verdict; and
The landowner's insurance company already knows your obligations to repay and has considered that in its offer to you to settle.
One small piece of good news is that often your repayments can be negotiated for a lower repayment than the original bills for medical services. There are exceptions (ERISA based health plans and hospital liens will almost never accept less).
If Shaw Law is able to negotiate your repayment for lower than expected -- You get the entire amount of the reduction returned to you, we take no fees.
This is another reason why it is so important to hire the right attorneys.
Here at Shaw Law we have decades of experience in handling slip and fall claims. And we've never lost a single jury trial in over 50+ combined years of experience. Call us Toll Free at (877) 225-5742 to discuss your case.
Anybody can fall. It can be devastating and lead to financial hardships.
We Get You Back on Your Feet.