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Is it true that the more medical treatment you receive, the value of your case increases as far as how much money you receive?

Atlanta, GA |

AND what happens if you get all the medical treatment that's required and needed.. and you dont have enough money after the settlement is complete?

Attorney Answers 8

Posted

It is not NECESSARILY true that the value of your case increases as you receive more medical treatment. The medical treatment must be necessary and related to the claimed harm. Moreover, if it goes to trial, the jury places a value on the case. It can, of course, give you an amount that is smaller than or equal to the amount of your request. The same is true with settlement. Most defendants will not settle for an amount that includes unnecessary medical treatment.

If the settlement does not equal the medical bills, the medical providers will likely demand payment from you. You can always try to settle with the providers for less than what is owed. However, they have every right to demand full payment.

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7 lawyers agree

Posted

No.
Liens will need to be negotiated or paid in full.

Personal injury cases only; I'm good at it; you be the Judge! All information provided is for informational and educational purposes only. No attorney client relationship has been formed or should be inferred. Please speak with a local and qualified attorney. I truly wish you and those close to you all the best. Jeff www.nyelderinjurylaw.com

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Posted

these are good questions. but ones that should be addressed to an attorney you retain locally. medical treatment isnt automatically a function of how much money your claim is worth in that usually all bills have to be proven to be reasonable and medically necessary medical treatment for injuries in the accident. also, it will depend on the type of injury you sustained. contact a local attorney to help you through these issues.

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Posted

You make a general statement that may or may not be true in your case. The avlue of a case is dictated by many things, including which insurer (some like Allstate and State Farm tend to try to pay less than reasonable amounts and thus have deservedly awful reputations in the legal commmunity), whether you have permanent impairment, the type of injury, the amount of pain, the time it takes to recover, the size of the medicals and lost wages, etc.

If you get a lot of unneeded medical care, that won't boost a case's value. Needed care probably does, but not always.

If you find this answer helpful, please mark it here on AVVO as helpful. In answering you, I am attempting to communicate general legal information and am not representing you (and am not your lawyer). Do feel free to call me at 404-768-3509 if you wish to discuss actual representation (the phone call also does not retain counsel; that requires an office visit and appropriate paperwork). In that a forum such as this provides me with limited details and doesn't allow me to review details and documents, it is possible that answers here, while meant to be helpful, may in some cases not be complete or accurate, and I highly recommend that you retain legal counsel rather than rely on the answers here. (You can also email my office at geaatl@msn.com . An email also does not retain my office, but can help you get an appointment set if you prefer not to call). I am happy to discuss possible representation with you. Any information in this communication is for discussion purposes only, and is not offered as legal advice. There is no right to rely on the information contained in this communication and no attorney-client relationship is formed. Nothing in my answer should be considered as tax-advice. To ensure compliance with IRS Circular 230, any U.S. federal tax advice provided in this communication is not intended or written to be used, and it cannot be used by the recipient or any other taxpayer (i) for the purpose of avoiding tax penalties that may be imposed on the recipient or any other taxpayer, or (ii) in promoting, marketing or recommending to another party a partnership or other entity, investment plan, arrangement or other transaction addressed herein. I am also required to advise you, if your question concerns bankruptcy, that the U.S. Congress has designated Ashman Law Office as a debt relief agency that can help people file bankruptcy.

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Posted

One must be aware of the amount of ins available, the sources of payment for medical care, reimbursement requirements of medical ins policies or govt programs, etc. There are many issues like these good injury lawyers consider while advising clients re medical care. Sometimes the nature of the injuries are such that the medical bills get so high, there isnt enough ins money to take care of them all. That is when the atty must try to negotiate the liens/reimbursements, or even involve a BK atty.

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Posted

It is not necessarily true that the more medical treatment you receive, the higher the value or your case, but the amount of reasonably necessary treatment necessitated by your accident related injuries is a factor that is considered in the valuation of your case. Other factors include lost wages, your pain and suffering, incidental damages, and the strength of your evidence. I would recommend that you consult with an attorney before you consider settling, especially if you are still treating for your accident related injuries. You did not mention whether you have health insurance covering your medical bills at this point. If they are, you health insurance provider may or may not be entitled to reimbursement. If they are entitled to reimbursement, they are only entitled be reimbursed for the amount they actually paid on your behalf, which may be considerably less than the face amount of the bill the health care provider gave to you. If you are not currently represented by an attorney, please feel free to contact my office at the number below. I'm happy to give you a phone consultation free of charge.

Best regards,
Mary Lewis
679-974-7276

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Posted

Not necessarily. Get just the medical treatment that you need & the rest will take care of itself. Medical providers normally agree to a reduction in their bill, but arrange it before settlement. Unless you already have a lawyer, please feel free to call me. I'll be honest & candid with you. I am reachable by cell 24/7 @ (404) 468-4689. Thx so much & get well! :-)

Sam Levine, Esq.
Attorney at Law
(404) 468-4689

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Posted

Generally that is correct. However, it assumes that the medical treatment you received was reasonable and necessary. If the treatment is unnecessary, an insurance adjuster will deduct the cost of that treatment from the value of your case. What it important when valuing a case is the effect the injury will have on you in the future, no matter how much medical treatment you have.

This response is given solely as a general response to the question and does not create an attorney / client relationship between the questioner and responder.

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