Rear ended, afraid of dr “running up costs”? Nothing for me during settlement?

Rear-ended and worried about “running up costs” with the doctor? Will I end up with nothing during settlement?

I’ve come across this term, and I’m trying to understand it better. When people say “running up your medical bills,” do they mean that some unethical lawyers send clients to doctors to inflate medical expenses until they’re very close to the insurance policy limits? For example, if the at-fault party has a policy limit of $30,000, could they potentially run up your medical bills to $28,000, leaving you with only $2,000? Is that the concern? Also, how would a lawyer take their cut in this scenario?

I was hit while driving my Tesla Model Y in another state. My lawyer is currently trying to find me a doctor who will work on a lien, but it’s been challenging because the accident happened in a different state from where I live. Perhaps this is a good thing since it means I won’t have to worry about falling into shady arrangements between a doctor and my lawyer that could drive up costs. I’m feeling really confused.

Should I actively look for a doctor myself? Is pain management preferable to seeing an MD? Can I skip chiropractic care and just go for physical therapy? What about massage therapy—would that be covered? I’m not sure how to move forward, especially since my lawyer isn’t providing much assistance due to the out-of-state situation, and I don’t have health insurance.

One thought on “Rear ended, afraid of dr “running up costs”? Nothing for me during settlement?

  1. It sounds like you’re dealing with a tough situation after being rear-ended, and it’s understandable to be confused about the process and your options. To clarify a few things:

    1. Running Up Medical Bills: The term you heard generally refers to the unethical practice where lawyers might direct clients to unnecessary treatments or specialists to inflate medical bills close to the policy limit. In the scenario you described, if the at-fault party’s policy limit is $30k and your medical bills are run up to $28k, it leaves you with $2k for settlement after legal fees, which could be a concern if the lawyer’s fees are based on the total settlement amount.

    2. Lawyer’s Cut: Typically, lawyers take a percentage of the total settlement amount (which can range from 25% to 40%, depending on the agreement). In your hypothetical scenario, if your total settlement is $30k and the lawyer takes 30%, you would receive $21k after legal fees and medical bills (assuming the bills come out of the settlement as well).

    3. Finding a Doctor: Since you’re in a different state, it can be more challenging, but it’s not impossible. Calling around is a good idea. Look for doctors who specialize in accident-related injuries; they may understand how to accommodate your situation. As for whether to use pain management, an MD, or something else, that depends on your specific injuries and preferences. Many people find physical therapy beneficial, and some insurance plans do cover massage therapy if deemed medically necessary, but be sure to clarify that with any provider before proceeding.

    4. Other Options: If you’re struggling to find a doctor who will work with you on a lien basis (where they get paid from the settlement), consider asking your lawyer for recommendations or looking for providers who have experience handling auto accident cases. They might be more accustomed to working in these situations.

    It’s important to take care of your health first, so pursuing the right treatment should be your priority. Consider discussing your concerns and treatment options with your lawyer, as they should be able to help facilitate your care. If communication isn’t working, it may be worthwhile to seek a second opinion on your legal representation.

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