Schmitt Mulhern, LLC

Can the hospital take my settlement?

Let's say you were in a horrible car accident. You sustained pretty serious injuries and needed rather extensive medical care. Not only did this crash lead to hefty medical bills and lost wages from needing to take a leave of absence from work, but you will also continue to accrue medical bills from ongoing rehabilitation needs.

Needless to say, this is not an ideal situation, but luckily you have health insurance. You met your deductible rather quickly and the health insurance company has been picking up the bulk of the bills. However, going back to this serious crash, it was not your fault. Another driver was responsible. Knowing you have rights, you reached out to an attorney to file a personal injury lawsuit and a settlement was reached.

This all sounds rather ideal, except the hospital or insurance company now knows you have some money from the settlement and is trying to make claim to some of the money. Now what do you do?

Talk with an attorney to protect your settlement money

At Schmitt Mulhern, LLC, we have two focuses. The first is to get you the money you deserve after an accident. The second is to ensure you get to keep the money you won.

All too often, we hear from Missouri residents who are wondering what to do after receiving a letter in the mail from a doctor, hospital or insurance company, claiming that even though they have insurance that has been picking up their medical bills, now they owe money.

While in some cases, the hospital may legitimately be going after owed money. However, in other cases, the hospital may be attempting to engage in a practice known as "balanced billing." Essentially, in these cases, the hospital is hoping to recoup the difference between the standard costs the hospital charges and the charged amount the hospital has contracted with the insurance company.

The same can also be said about attempted claims from the insurance company. Sure, there may be a legitimate reason for why the company is trying to recoup some of your settlement, or the company may just be trying to get a bigger piece of the pie. You have to remember the insurance company has its best interests -- not yours -- in mind.

Regardless of the root cause of the letter from the hospital, doctor or insurance company, the first thing you should do after receiving a letter in an attempt to make a claim on part of a settlement is to call an attorney. With substantial experience handling insurance disputes, we will work to protect your settlement and your rights.

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Ben Schmitt

Attorney Ben Schmitt

Mr. Schmitt has over 25 years of legal experience in Missouri and Kansas, and he has been first chair in over 100 jury trials in state and federal courts. He is recognized by the Kansas City Business Journal, Super Lawyers, Avvo.com and Martindale Hubbell as one of the best personal injury lawyers in Missouri and Kansas.

Matt Mulhern

Attorney Matt Mulhern

Mr. Mulhern has over 25 years of legal experience and a 100 percent success rate arguing before the Missouri Court of Appeals. He has a unique knowledge of the inner workings of insurance companies and how they will dispute your injury claim. He practices in both Missouri and Kansas.