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Head injury attorneys in the Blackman Legal Group understand that victims of traumatic brain injury (TBI) injured in an automobile collision or other major accident often have several potential sources from which to recover for their care and treatment, including:

HEALTH INSURANCE

Individual or group health insurance is the primary and best source of payment for your medical expenses, treatment, and care. Deductibles and co-pays notwithstanding, if you have good health coverage, you will be able to proceed with your care without you or the hospital worrying about your bills being paid.

Keep in mind that most insurance policies will contain a right to reimbursement clause, which will enable the insurance company to be reimbursed for the claims it paid out of any settlement or judgment you receive in a lawsuit. This is an important issue that should be taken into consideration at various points in settlement negotiations or litigation.

LIABILITY INSURANCE

The person responsible for causing the injury may be carrying some type of liability insurance designed to pay for damages he or she caused. An attorney settling with a liability insurance company will look to compensate the victim for past, present, and future losses, including medical expenses, lost wages, and non-economic damages such as pain and suffering.

While health insurance will cover expenses for care as they are incurred, payment on liability insurance will only come at the end of the case, after either a negotiated settlement or jury verdict. Sources of liability insurance could include one or more of the following:

  • General commercial liability
  • Homeowner’s liability
  • Vehicle liability insurance – individual and / or commercial
  • Umbrella coverage

WORKERS COMPENSATION

Workers’ Compensation is a source of payment for work-related injuries. Sometimes, however, a worker is injured on the job due to the fault of a third party. This type of injury gives rise to third party liability on the part of the negligent individual or business. Filing a workers’ compensation claim with your employer does not prevent you from also seeking payment from a responsible third party or the party’s insurance company.

MEDICAL PAYMENT COVERAGE (MED PAY)

Medical payments coverage in an insurance policy will compensate an individual for reasonable and necessary medical expenses incurred due to an accident. If you carry this type of coverage on your automobile or other insurance, you will be able to receive immediate payment for current (but not future) medical expenses incurred as a result of the injury.

OTHER SOURCES

Social security disability (SSD) and other disability plans, ERISA, Medicare, and Medicaid are other sources that may be available to compensate an individual for injuries. Some of these sources may also be eligible for reimbursement, depending on the circumstances.

SEEK EXPERIENCED LEGAL REPRESENTATION

Whether you are seeking compensation from the negligent party, their insurer, your own insurer, or a third party source, the advice, counsel, and representation of an experienced personal injury trial attorney can be critical to your receiving the full value of your claim. If you have suffered serious injury and are confused about the sources of payment available for your treatment and care, contact the Blackman Legal Group today for help in obtaining the full compensation to which you are entitled.