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Why Do You Need to File a Personal Injury Claim If You Have Health Insurance?

by | Feb 8, 2018 | Motor Vehicle Accidents

According to the Centers for Disease Control and Prevention, approximately 10 percent of Americans younger than 65 did not have health insurance coverage in 2016. If you sustain serious injuries in a motor vehicle collision but are fortunate enough to be part of the 90 percent who do have coverage, you may be wondering if filing a personal injury claim is worth it.


Although navigating the claims process can be challenging, the benefits of securing a settlement from the liable party far outweigh any potential drawbacks. Additionally, your settlement may include compensation for more than just hospital bills.

If you were hurt in a car accident with a drunk, distracted, or reckless driver, turn to The Downs Law Firm to determine if you have grounds for a claim. Ross Downs is a member of the Louisiana Trial Lawyers Association, as well as the Louisiana State and American Bar Associations. Call 318-284-8551 to schedule a free case evaluation with an accident lawyer in Monroe.

Why Do You Need to File a Personal Injury Claim If You Have Health Insurance?

People who sustain debilitating injuries in a catastrophic collision can expect to incur both direct and indirect expenses as a result. Even if they have adequate healthcare insurance, they might incur tens of thousands of dollars in damages that have nothing to do with medical care. This is the main reason you should consider filing a personal injury claim even if you have fairly comprehensive medical coverage.

Some of the most common costs that accident victims face include:

  • Home healthcare;
  • Vocational retraining;
  • Lost wages and benefits;
  • Loss of earning capacity;
  • Loss of consortium; and
  • Pain and suffering.

Can Your Health Insurance Provider Take a Portion of Your Personal Injury Settlement?

If you want to protect your family’s financial security by filing a personal injury claim, it is important to remember that you may not receive 100 percent of the settlement that results. In some cases, the hospital may approach the patient for the difference between what the insurance company covered and what they usually charge for the various treatments he or she received.

In other cases, the health insurance provider may demand compensation for the total cost of care from the policyholder’s resulting settlement. Whether your insurance provider can take a portion of your funds depends on the terms of your particular policy. Called subrogation, this is a common practice, and it is something accident victims need to keep in mind when negotiating with the opposing party.

If you sustained injuries in a wreck and want to ensure you include all potential damages in the settlement negotiations, contact The Downs Law Firm today. Call 318-284-8551 to schedule a free consultation with an accident attorney in Monroe. You can learn more about car crash claims in Louisiana by visiting the USAttorneys website.