What to do if my husband broke his leg while playing basketball for a University and we were told not to worry about the bill but we just got a notice from a collection agency?

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What to do if my husband broke his leg while playing basketball for a University and we were told not to worry about the bill but we just got a notice from a collection agency?

He was a full-time student then; it was 2 years ago. The agency as notified us that we owe $2700 from that injury. I can’t seem to get any answers from the university as they keep transferring me around and I have to leave messages and no one returns my calls. I’m not sure what to do next.

Asked on February 28, 2014 under Personal Injury, Florida

Answers:

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

Answered 7 years ago | Contributor

Your husband should contact the University's insurance carrier and file a personal injury claim. The University should have a claims department where he can obtain the name and address of the insurance carrier.  His personal injury claim should include his medical bills and medical reports and if applicable, documentation of any wage loss from the injury.  Compensation for the medical bills is straight reimbursement.  The medical reports will document the nature and extent of his 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 University's insurance carrier, NO lawsuit is filed.  If your husband is dissatisfied with settlement offers from the University (a settlement of his case should be sufficient to compensate your husband and pay his medical bills), he should reject the settlement offers and file a lawsuit for either negligence or premises liability (depending on how the injury occurred) against the University.

If the case is NOT settled, the lawsuit must be filed prior to the expiration of the applicable statute of limitations or your husband will lose his rights forever in the matter. Florida has a four year statute of limitations in personal injury cases which means that your husband has four years from the date of the injury to file his lawsuit.

If the University does not cooperate in providing your husband with the name and address of its insurance carrier, your husband should file the above lawsuit immediately against the University.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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