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Oakland Personal Injury Lawyer: Medical Treatment Without Insurance


Getting Medical Treatment After A Car Accident When You Have No Insurance

If you are injured in a car accident, you need medical treatment. But what if you have no health insurance? If you were taken by ambulance to an emergency room, chances are that you have already had some initial treatment. But what do you do after leaving the ER? 

The answer is simple: Find a personal injury attorney who can help you get treatment through a medical lien.

What Is a Medical Lien?

A medical lien is basically a promise that your attorney makes to a treating physician that the doctor will be paid if and when you recover from the person who caused the car accident. This means there is some risk for the doctor or chiropractor - because if you do not recover, they do not get paid. This typically means that there is no risk to you. If you do not recover, you (typically) owe nothing.  But there are some cases where you might still owe money even if you do not recover, so be sure to talk with an experienced personal injury lawyer.

How Do I Get a Doctor To Treat Me On a Medical Lien?

Any good personal injury attorney will either have a doctor/chiropractor he can refer you to, or will find someone. In most cases, doctors are not willing to treat on a lien unless you have an attorney. This is not because they do not trust you - it is because they know where to find the personal injury attorney if they need to make sure they get paid. If the doctor and the attorney have a good relationship, it is almost automatic that you will get the treatment you need.

Why Do I Need Medical Treatment?

The answer should be pretty obvious: If you are injured, you need to see a doctor. Some injuries will heal themselves over time, but most will not. If you do not get the treatment you need, you are likely to continue to suffer. You may adapt to your injury and get used to it, but you are still injured. Also - and this is important - if you do not get treatment you are not "mitigating your damages."

What is "Mitigating My Damages" And Why Is It Important?

Imagine that you are in a car accident and you receive a cut on your arm. You decide not to see a doctor and decide not to put any antibiotics on. As a result, the arm becomes infected and has to be amputated. If you sue the driver who caused the accident, he or she will likely not be liable for the amputated arm because you could have stopped the infection but you did not minimize - or mitigate - your damages. So mitigating your damages really means limiting the damages that you are suffering. And it is important because there is no way to recover for damages that you could have prevented but chose not to.

Do I Owe Money For Treatment If I Do Not Recover From The Other Driver?

In most cases, you will owe nothing if you do not recover. The normal arrangement is that neither the personal injury attorney nor the doctor recovers unless you recover.

What Kinds of Treatment Are Available If I Am Treating On A Lien?

Almost any kind. Treatments can range from initial consultations all the way through reconstructive surgery that would normally cost hundreds of thousands of dollars.

If you have specific questions about getting treatment on a lien, please call me at 510-251-8868 or visit my personal injury website.

Pete Clancy is a personal injury attorney in Oakland, California. He can be reached at 510-251-8868, pclancy@injuryoakland.com or through his Oakland personal injury website.