Liability in a Personal Injury Case

Answer:

When I’m asked who is responsible for paying medical bills in a personal injury claim in Florida, the first question I have to ask that person is, does this involve an automobile injury accident case or does this involve some other type of injury case? If it’s an automobile accident injury case, then under Florida law because Florida is a no-fault state, the person’s own insurance company has to pay the first $10,000 of medical bills on an 80% basis. Thereafter, the at-fault party or their insurance company is responsible for the remaining medical bills that have been incurred and that will likely be incurred or are reasonably certain to be incurred in the future.

If it doesn’t involve an automobile accident case, if it’s another type of case, maybe it’s a premises liability claim, maybe it’s some other kind of claim where a person is injured through no fault of their own, then typically the person’s own health insurance will pay for the medical treatment upfront. Then when we pursue the claim and we recover those damages for those unpaid medical bills, we make sure that those medical bills are paid back to the person’s own insurance company, their health insurance company, on a pro-rata basis because that’s what is required under the person’s health insurance coverage. At other times when a person doesn’t have health insurance coverage, we – or the person is personally responsible for those medical bills, we make sure that the medical doctors are made whole out of the proceeds of the recovery. In that instance, the provider will have to wait until the recovery is made.

Ultimately, our clients are responsible, but we hold the at-fault party responsible for those medical bills. If you have any questions about who’s responsible for your medical bills in a personal injury claim in Florida, please call us here at Perenich Law Injury Attorneys. We’re here to help you and your family.