The Collateral Source Rule
One of the most cynical pieces of personal finance advice that never goes out of style is, “Don’t get sick.” Most people do not have paid sick leave from work, so every day of work that you miss because of illness hits you directly in the wallet. When you file an insurance claim for a car accident that involves injuries, you can include your lost income among your accident-related medical expenses, even though getting the insurance company to pay the amount you request is more difficult than it sounds. Even if your illness or injury does not cause you to miss work and lose out on employment income, the cost of treatment can be financially devastating. The people who usually end up facing debt collection lawsuits or filing for bankruptcy because of medical bills are usually the ones who do not have employer-provided health insurance, but insured people suffer financial hardships because of medical bills, too. If you suffered injuries because of an accident caused by someone else’s negligence, you have the right to file a personal injury lawsuit, but whether you have health insurance affects some of the details of your case. To find out how your health insurance or lack thereof affects your personal injury case, contact a Fort Lauderdale auto accident attorney.
The Collateral Source Rule in Florida Personal Injury Law
When you read news articles about the damages awards that judges order for plaintiffs who win their personal injury lawsuits at trial, the numbers seem huge. Who needs four million dollars in compensation for injuries sustained in a car accident? The economic damages alone can easily reach seven figures, even if the court does not award noneconomic damages. Economic damages include past and future medical bills and past and future lost income. If a plaintiff under the age of 50 suffered injuries serious enough that he or she will always require medical treatment to manage the symptoms of the injury and will never be able to return to the workforce, the amount of economic damages can quickly add up to millions of dollars.
How much of the money do you get to keep from a personal injury settlement, though? Assuming that you will be able to return to the workforce after your injury, so you will not lose your employer-provided health insurance coverage, your doctors will bill your insurance as they treat you, and your insurance will pay its portion of the bills. When you receive a settlement or judgment in your personal injury case, you must reimburse the insurance company for the amount it paid. If your insurance company writes off part of the bill, you cannot include the write off amount in your requested damages, because no one paid that amount. In other words, you get to keep the portion of your settlement money that your insurance didn’t pay.
Set Up a Consultation Today
A personal injury lawyer can help you if you suffered injuries because of a preventable accident, even if you have health insurance. Contact Boone & Davis in Fort Lauderdale, Florida or call 954-566-919 to explore your potential recovery options today.
Source:
leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0768/Sections/0768.76.html
