If after being re-referred to physical therapy I can’t afford the co-pay, what are my options?

I was involved in a car accident last year. An older woman ran a stop sign and T-boned my car. That same day I went to the non-emergency clinic and a few days later I went to my primary care doctor. He then referred me to physical therapy after being released from therapy, I still had a little pain so I went back to my primary doctor. This time he referred me to an orthopedic surgeon who had me get an MRI which showed that I have mild supraspinatus and peritendinopathy. After making this discovery, I was injected with cortisone in my shoulder and re-refereed to physical therapy. What kind of settlement can I expect?

Asked on July 29, 2012 under Personal Injury, Texas

Answers:

S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

You can contact the other driver's auto insurance carrier and ask them to pay the co-pay for physical therapy now, as that insurance carrier will be liable for your personal injury claim.  If the other driver's insurance carrier won't pay until the case is settled, you could ask the physical therapy place if it would be willing to be paid on a lien basis which means being paid out of the settlement of the case.

As for the settlement you can expect, it is not possible to answer that question at this time because you will need to complete your medical treatment, obtain your medical bills, medical reports and documentation of wage loss.   Your personal injury claim filed with the at-fault party's insurance carrier should include these items.   Compensation for the medical bills is straight reimbursement.  The medical reports will document the nature and extent of your injury and will be used to determine compensation for pain and suffering, which is an amount in addition to the medical bills.  Compensation for wage loss is straight reimbursement.  If the case is settled with the other driver's insurance carrier, NO lawsuit is filed.  If you are dissatisfied with settlement offers from the other driver's insurance carrier, reject the settlement offers and file a lawsuit for negligence against the at-fault driver.  If the case is NOT settled with the other driver's insurance carrier, you will need to file your lawsuit for negligence against the at-fault driver/registered owner of the vehicle if the registered owner is someone other than the at-fault driver prior to the expiration of the applicable statute of limitations or you will lose your rights forever in the matter.


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