How to Pay Medical Bills During a Brain Injury Lawsuit


February 3, 2021 / Catastrophic Injuries

If you’ve sustained a brain injury as a result of a car crash, serious fall or workplace accident, you likely have mounting medical bills. To add insult to injury, you may also be off work while receiving treatment, which means your wages have dwindled. It can be really scary to see all of that debt mount up while wondering how you will ever pay for it.

Obviously, health insurance can pay for some of your medical care, though there can still be some hefty co-pays. And in some cases, the treatment you’re receiving may not be covered. If this is the case, it’s important that you talk to a personal injury lawyer right away to find out your legal rights and determine whether you may be entitled to damages. The sooner you initiate a brain injury lawsuit, the sooner you may be able to recover a settlement agreement or jury award.

If you’re needing immediate cashflow to pay medical bills and day-to-day living expenses, you may be able to pursue a few interim options:

  • Medical Liens
  • Hardship Withdrawal or Loan from a 401(k)
  • Lawsuit Funding Loans
  • Short-term Loans from Family and Friends.

We’ll discuss these in greater detail below. If you’ve sustained a head injury or TBI in a vehicle crash or other accident, an aggressive brain injury attorney can help you get the justice you deserve. At Stephenson Rife, we’ve helped countless clients win their brain injury lawsuits, resulting in millions of dollars in payouts. To find out more about how we can help, call us at 317-680-2501. The initial consultation is free.

What are the symptoms of a brain injury?

You may have a brain injury if you are experiencing one or more of the following symptoms:

  • Ongoing confusion or memory loss
  • Dilated eye pupils
  • Prolonged sleeping or difficulty waking up
  • Dizziness or lack of balance
  • Brief or prolonged loss of consciousness
  • Slurred speech
  • Severe headache
  • Nausea and/or vomiting that does not go away
  • Seizures or convulsions
  • Physical weakness or numbness in hands, feet or other areas of the body
  • Clear fluid trickling from nose or ears
  • Sensitivity to sound and light.

If you have one or more of these symptoms after a car accident, fall or head trauma, seek medical attention right away. To read more about brain injuries and symptoms, see information from WebMD here.

Do I have to pay medical bills out of my TBI settlement?

TBI settlements usually include funds to pay medical bills and lost wages as well as other damages. These costs are some of the things your attorney will ask for in a brain injury lawsuit. However, lawsuits take time, and injured people may need to find ways to pay medical bills, mortgages and daily expenses until their lawsuit resolves. Following are some options:

Medical Liens are when your doctor and lawyer create an agreement in which you can continue to receive the medical care you need while waiting for your settlement, without any upfront out-of-pocket contribution from you. Your lawyer will pay your doctor directly for these costs out of your future legal settlement or award.

A Hardship Withdrawal or Loan from a 401(k) is another way that you can pay medical bills while you’re recovering. A 401(k) withdrawal or loan can give you access to retirement funds, but only for certain outlined expenses such as crippling medical debt or disability. If it is a loan, you will have to pay this money back to your 401(k) within 5 years. If it is a withdrawal, there are tax implications, so it’s important to get professional advice before making a decision.

Lawsuit Funding Loans are available, though at hefty interest rates, to help pay for medical costs while your claim is working its way through the legal system. Think of these loans as an advance against your future financial settlement or award. The cash can be used for any medical or personal expenses. However, this might be an option of last resort, given the significant lending rates.

Short-Term Loans from Family and Friends can sometimes help tide a person over until they receive a payout from a lawsuit. Loved ones are sometimes willing to provide personal loans to help tide you over until a lawsuit is settled.

What are common causes of TBI?

Here are some of the most common causes of brain injuries:

  1. Sports Injuries
    Adults and children who play field hockey, football, soccer, baseball and basketball often fall or collide with other players, causing concussions, head and neck injuries.
  2. Worksite and Construction Accidents
    Some individuals sustain head injuries on the job by falling or getting hurt when using large or defective machinery. Construction jobs are some of the most dangerous out there because construction workers can fall from roofs and buildings, sustain severe cuts and mutilations from power tools, and get hit on the head by falling debris.
  3. Truck, SUV, Car and Motorcycle Accidents
    These injuries can include fractures and lacerations caused by striking your head on a steering wheel, dashboard or windshield; diffuse axonal injury from shearing forces that tear brain tissue; and contusions (bruising of the brain).
  4. Military and Armed Services Injuries
    Some soldiers and members of the Armed Services return to America with TBIs suffered due to IEDs, bombs and warfare.
  5. Person-On-Person Violence
    Head injuries can result from street and domestic violence when a person is kicked or hit in the head. Child abuse is another cause of head injuries.

How do I afford a brain injury lawyer?

Here’s the good news. Brain injury attorneys at Stephenson Rife work on contingency, which means we don’t get paid until you get paid. Our attorney fees are paid by the defendant as part of a settlement agreement or jury award. If for any reason your claim is not successful, then you owe us nothing. A lack of resources up front should never prevent you from getting the justice you deserve. We can help, regardless of your circumstances.

Contact a skilled and experienced brain injury lawyer today

If you’ve sustained a head injury or TBI in a vehicle crash or other accident, you may be entitled to financial compensation. Medical bills can mount up quickly, and you need a way to pay them now and in the future. A skilled and experienced brain injury lawyer at Stephenson Rife can help you get the justice you deserve. To find out about our aggressive representation, call us for a free initial consultation at 317-680-2501.

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