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What form should I sign so my provider gets paid when my law suit is settled

Dallas, TX |

pt after a auto accident

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Attorney answers 11

Posted

I'm unclear what you mean by this, but in general, you can have your attorney send a "Letter of Protection" so that the doctor is assured of being paid from the proceeds of the lawsuit

This is general advice and does not establish an attorney-client relationship.

Posted

There is no form

You may have your attorney issue a lien to cover vendors

Posted

In different states it is referred to differently, but it is essentially a lien letter. Your attorney should be handling that, however. If you don't have an attorney, do NOT sign anything until you get one!

Posted

Because of a change in Texas law in 2003 designed to make sure you get less in a personal injury case, this is now a very complicated question. If you were hurt enough to need physical therapy (I assume that is what you mean by pt), then you need to get a lawyer. There will be a negotiation with your provider now and after the case is resolved, and you need a lawyer's help to understand what is going on.

This is not legal advice. You should always discuss the specifics of your issue in person with an attorney. Be aware that there are time limits on all claims that depend on the kind of claim, so do not delay in seeking an attorney.

Posted

Unless TX law requires subrogation, why would you voluntarily pay them back if you don't have to. Please hire an attorney to help you.

Paul Hilmon Cannon

Paul Hilmon Cannon

Posted

Texas law allows sub rotation and most insurance policies require it.

Josh P Tolin

Josh P Tolin

Posted

Interesting. In Missouri, there is no right to subrogation unless an ERISA, medicare, or medicaid.

Posted

The document is generally referred to as a "letter of protection", which serves to assure the health care provider of payment for their services when the case settles. There are samples available on some websites.

Posted

I agree with the advice of my colleagues - consult a local attorney before signing any documents. Many offer free consultations.

This is not intended to be legal advise or as legal representation. I am a California personal injury attorney . Be aware that every state has its own statute of limitations; and statutes & case laws that govern the handling of these matters.

Posted

Your lawyer can issue a letter of protection. Not sure what 'form' you are referring to.

All information provided here is for educational use only and does not constitute legal advice nor establish any attorney-client relationship. Paul H. Cannon is licensed to practice law in the State of Texas. Laws vary from State-to-State. For legal advice and opinions, please retain the services of a lawyer licensed to practice in the appropriate state or jurisdiction.

Posted

Letter of protection

Posted

In Texas it is known as a " letter of protection" which is usually issued by the personal injury lawyer.

This answer is intended to be general in nature and not specific as to any person or fact situation. No attorney-client relationship exists for those reading this answer and readers should contact an attorney of their choosing for legal advice on their specific situation.

Posted

There is no "form" that you file to make sure that your provider is paid. Your attorney may submit a form to your provider for medical treatment, your medical provider may have you sign lien paperwork (I have seen providers request UCC-1 documents), or you may submit your health insurance to the provider. The decision is based on the health care provider that treated you. Otherwise, you have a bill that you pay when the lawsuit is settled. If represented, or pro se, there should be a disbursal letter showing how the settlement funds will be disbursed to each party involved, including medical providers. You should contact a personal injury attorney in your area to protect your interest.

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