Letter of Protection in Texas – Explained

Letter of Protection in Texas Injury Claims

Personal injury cases can be a challenging experience, both financially and emotionally. Medical treatment can be costly, and insurance companies can be difficult to deal with. For those without health insurance, the financial burden can be overwhelming. However, an option available can help alleviate some of these stresses: a letter of protection. This legal document can provide peace of mind and financial stability to personal injury victims in Texas.

In this post, we’ll look at a letter of protection, how it works, and the benefits it can offer those who need it most. Whether you’re a personal injury victim or a legal professional, understanding the benefits of a letter of protection is crucial for navigating the complex world of personal injury law in Texas.

What is a Letter of Protection?

A Letter of Protection (LOP) is a legal document that can be used in Texas personal injury cases to help individuals injured in an accident pay for medical treatment. In essence, an LOP is an agreement between the injured person, their attorney, and their medical provider that allows the person to receive medical treatment without paying upfront costs.

This is particularly useful for those who do not have health insurance or the financial means to pay for medical bills out of pocket. The LOP allows the injured person to receive the necessary medical care for their injuries and only pay for the treatment once their personal injury case has been settled.

The terms of the LOP should be carefully reviewed and agreed upon by all parties involved to ensure that everyone understands the financial obligations and responsibilities. Overall, a Letter of Protection can be a helpful tool in ensuring that those who have been injured in accidents can receive the necessary medical care without the added stress of upfront payment.

How a Letter of Protection Can Benefit You

A Letter of Protection may allow you to hold out and receive a higher settlement in your personal injury case. This is because your medical provider can provide detailed documentation of your treatment and the associated costs, which can be used to support your case. Additionally, because you won’t have to pay for your treatment upfront, you won’t be forced to settle your case quickly to cover medical bills.

Here are just a few of the benefits a Letter of Protection can bring:

  • Access to Quality Healthcare – A Letter of Protection allows individuals to access quality healthcare regardless of their financial status. It also removes worries about being held liable for the medical costs associated with their recovery process.
  • Peace of Mind – Having a Letter of Protection assures that medical expenses related to the injury case will be handled. This gives injured parties and their families greater peace of mind while they seek justice.
  • Negotiating Power – With a Letter of Protection, attorneys can negotiate stronger settlements because they don’t need to factor in medical costs. Injury victims often receive higher awards and better compensation for their pain and suffering.

Faster Access to Medical Care

Obtaining a Letter of Protection means injured individuals can access the medical care they need to recover from their injuries without worrying about the cost. This can be especially useful for those seriously injured and requiring extensive medical treatment, such as surgeries, rehabilitation, or ongoing physical therapy.

Without a Letter of Protection, individuals may be forced to pay for medical treatment out of pocket, which can be financially devastating. Additionally, they may not be able to receive the level of care they need due to a lack of funds. With a Letter of Protection, injured individuals can focus on their recovery without the added stress of medical bills.

Defer Medical Expenses

One of the most significant benefits of a Letter of Protection is that it can help to ease the financial burden on the injured party. Rather than paying for medical expenses out of pocket or through insurance, the medical provider agrees to wait for payment until the case is settled. This can be particularly helpful for those without health insurance or high deductibles that make paying for medical treatment difficult.

In some cases, individuals may be hesitant to seek medical treatment due to the costs involved. However, with an LOP, the medical provider can proceed with the necessary treatment without worrying about payment. This can be especially important in cases where ongoing treatment is required, such as in cases of traumatic brain injury or spinal cord injury.

Protect Your Credit Rating

Medical bills, lost wages, and other expenses can quickly add up. As a result, accident victims may be unable to pay their bills on time or even default on their debts. This can negatively impact their credit rating, making it more difficult to secure loans or credit in the future.

A letter of protection can help protect someone’s credit rating by ensuring their medical bills are paid directly from any settlement or judgment they receive in their personal injury case. By working with an experienced attorney and a medical provider willing to accept a letter of protection, individuals can ensure that their medical bills are handled without worrying about the financial consequences.

In addition, a letter of protection can also help to prevent medical providers from sending unpaid bills to collections or taking legal action to collect unpaid debts. This can help reduce the stress and anxiety you may face during the personal injury case process, allowing you to focus on your recovery and well-being.

What are Risks of a Letter of Protection in Texas?

While a Letter of Protection can be useful in Texas personal injury cases, some risks are associated with using one.

  1. A medical provider may not agree to accept the letter, leaving the injured party responsible for paying for their medical expenses out of pocket.
  2. If the case does not settle or result in a favorable verdict, the injured party could be left with significant medical bills they cannot pay.
  3. A Letter of Protection does not guarantee that the medical provider will only be paid if the case is successful. If the provider does not agree to this stipulation, they could still seek payment from the injured party regardless of the case outcome.

While a Letter of Protection can provide valuable relief for injured parties struggling to pay for medical treatment, weighing the potential risks and benefits before deciding to use one in a personal injury case is important.

How to know if a LOP is right for you

An LOP may be the right choice if you are struggling to afford medical treatment for injuries sustained in an accident that was not your fault.

If you have health insurance covering your medical expenses, you may not need an LOP. However, if you do not have health insurance or your insurance does not cover certain medical treatments, then an LOP can be a lifeline. An LOP allows you to receive necessary medical treatment without paying upfront costs. The medical provider agrees to wait for payment until your case is settled.

It’s important to note that not all medical providers accept LOPs, so you will need to research a provider that does. Additionally, an LOP does not guarantee that your case will be successful or that you will receive a settlement covering your medical expenses.
If you are unsure if an LOP is right for you, it’s always best to consult a qualified personal injury attorney. They can help you weigh the pros and cons and determine if it is in your best interest.

How to obtain a Letter of Protection

To obtain a Letter of Protection, you first need to find a personal injury attorney willing to work with you and your medical provider. Once you have found an attorney, they will work with your medical provider to draft the LOP and ensure the terms are fair for everyone involved.

As we mentioned, not all medical providers will accept a Letter of Protection, so discussing this option with your attorney before choosing a provider is important. Your attorney can also help negotiate the terms of the LOP with your medical provider to ensure that everyone is on the same page.

Once you have a Letter of Protection in place, you can receive the necessary medical treatment without worrying about how to pay for it. This can greatly relieve those struggling financially due to their injuries. Additionally, having a Letter of Protection can help strengthen your personal injury case, as it shows that you are taking your injuries seriously and are actively seeking treatment.

Texas Letter of Protection Sample

To Whom It May Concern at United Care,

I am writing to provide confirmation that my client, Emilio Estevez, will settle his outstanding medical bill of $29,000 for the back surgery and associated treatments he received. The payment will be made upon the conclusion of his hit-and-run case in Dallas, Texas on June 04, 2024. You can expect to receive the full payment on or before this date.

Please do not hesitate to contact me if you have any questions. You can reach me at (214) 555-5555.

[Your Attorney]

How a Personal Injury Lawyer Can Help

The personal injury lawyers at Genthe Law Firm can help you obtain an LOP by working with healthcare providers to negotiate payment arrangements and ensure you receive the medical treatment you need. Your lawyer will also work to ensure that any settlement or verdict reached in your case considers the medical bills and expenses you have incurred due to your injury.

Obtaining an LOP can be a complex process, and working with an experienced personal injury lawyer who understands your case’s legal and medical aspects is important. Your attorney can help you navigate the legal system and negotiate with healthcare providers to ensure you receive the medical treatment you need and that your rights are protected.

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