Who pays the medical bills when my Florida child is injured as a result of the fault or negligence of another person?
As a Florida child personal injury lawyer / attorney, I am frequently asked this question. Like many questions posed to me, I have one answer – “it depends”. There are a variety of legal and insurance issues involved with such a question. One answer or solution does not cover the issue. Payment sources could include any one or more of the following:
Automobile Insurance. If your child is injured in an automobile accident, your child should be covered under your PIP (Personal Injury Protection) under your insurance policy. Bills will typically be covered at 80 %. Any bills that are not covered under PIP can be recovered from the at fault driver’s insurance policy. In addition, the at fault driver is responsible for your child’s pain, suffering, mental anguish, and related damages.
Homeowner’s Insurance. Dog bites, trampoline injuries, slip and falls, burns, playground, swimming related, and other injuries may be covered under a homeowner’s insurance policy.
Health Insurance. Even though another person caused the injuries, your health insurance should cover the accident or negligent related expenses. If you pursue a claim or lawsuit against the other person, your health insurance company may seek to be reimbursed from the settlement proceeds.
Medicaid. Medicaid would work similar to health insurance as described above.
Liability or Business Insurance. Liability and business insurance policies also pay for medical bills related to an accident or negligence taking place on the business premises or caused by an employee during the scope and course of the employment. The problem with most of the insurance companies is that they do not pay bills piece meal or as they come due. Typically, the insurance company will pay the medical bills at the completion of treatment if the insurance company concludes that the business was negligent and the bills were reasonably related to accident related injuries and treatment. As you may guess, injuries and medical treatment are often times questioned or denied by the insurance companies.
While it seems to be a simple question as to who pays the bills, unfortunately, the answers and solutions can be quite complex and uncertain. As such, it is helpful to have the guidance, advice, and representation of a Florida child injury lawyer / attorney when dealing with the bills, pain, and suffering related to a child’s injury caused the fault or negligence of another person or business.