Texas Personal Injury Blog
Last Updated : June 13, 2022

How To Pay Bills While Working Through My Claim

Posted on Tuesday, May 10th, 2022 at 6:27 pm    

If you have a good attorney, like those at Portner Bond, PLLC, they will tell you that personal injury claims can take a long time to settle and pay out. Your attorney is working hard to get your claim settled and get the money into your hands, but the opposing counsel is working just as hard to keep their client from having to pay you anything.

Even in the best of circumstances, a personal injury claim can take a year or more to settle, and up to three years is typical. Investigation of the claim takes time, and the exchange of documents can last months. Once a lawsuit reaches the courts, everything slows down. Anytime a document is filed, the other side has 30 to 60 days to respond, and the opposing counsel will usually take all of them. The result is that your case will drag on, no matter how good your attorney is.

This means you’re left wondering how you’re going to pay your medical and other bills while you can’t work and aren’t getting paid. While there are no guarantees that any of these alternatives will be effective, you and your attorney can review these options and see what will work best for you.

Pre-Settlement Financing

Also known as “lawsuit financing,” this is a type of funding in which a financial company advances you money in exchange for a portion of your settlement. The money can often be in your account in 24-48 hours.

You need to qualify for pre-settlement financing. The determination is made on the strength of your case, so your attorney needs to approve the application. The financing company has the right to review your case, examine the evidence, and speak to your witnesses. The financing company will only agree if they believe there is a high likelihood of winning the case or settling for a high amount.

If you are in financial straits while you are waiting for your lawsuit to settle, you may want to consider pre-settlement financing. Be aware that the fees and interest for this funding are very high, and it will reduce your final settlement amount. Also, most providers will not give you large sums of money. These advances are intended to be survival funds. Budget accordingly.

Medical Liens

If your biggest concern is medical bills, your attorney can work with your healthcare providers to arrange a medical lien against your settlement. This means that you can continue receiving treatment without upfront payments. Instead, the doctor or hospital will be paid when the case settles.

Most medical providers are accustomed to working with accident victims and attorneys during a personal injury case. In many cases, your provider will already be sending your bills directly to your attorney so that they can be forwarded to the insurance company.

A medical lien can be ideal if you are still able to work, and the problem is that your medical bills are mounting up due to lack of insurance coverage. Your attorney can help you with setting up the lien and discussing the details with your providers.

Get Creative

If you are unable to work, you may be allowed to take Family Medical Leave Act (FMLA) time from your job. The requirements are that you have been with the company for at least one year, worked at least 1,250 hours in the previous year, and that the company is not FMLA exempt. In a bizarre and controversial ruling, Texas Workforce Commission v. Wichita County, the Texas Supreme Court ruled that in some cases, a person may be on unpaid medical leave and qualify for unemployment benefits. The ruling was very narrow, but you can ask your attorney to explain it to you and advise you about whether you might qualify.

How We Can Help

If you have been injured in an accident due to another person’s carelessness or negligence, it can be frustrating when you are unable to work and cannot pay your bills because the insurance company is dragging its feet. At Portner Bond, PLLC, we know that you have enough going on without having to deal with more paperwork.

Whether you have recently been injured and need assistance with starting your case, or you have been working on your insurance claim for some time, and you have reached a stalemate with the insurance companies, we are here to help you with your case. Call the Beaumont personal injury attorneys of Portner Bond, PLLC at (409) 838-4444 and let us review your case. The consultation is free, and we can help you review your options and decide what alternative will be best for you.