How is a Letter of Protection Used in a Personal Injury Claim?
A letter of protection often referred to as an LOP, is a tool sometimes used by injury victims and their attorneys during an injury claim. These letters are often used strategically, as there are both pros and cons associated with their use.
Our personal injury lawyers in Savannah are prepared to discuss the facts of your claim and help you determine whether a letter of protection would be a beneficial tool to use for your case.
The consultation to discuss your claim is free and there is no obligation to take legal action. We also do not charge you anything up front or while we work on your case, so there is no risk to you.
How Does a Letter of Protection Work?
Letters of protection are generally used when an injury victim is awaiting compensation from an accident but does not have insurance to cover their medical bills as they undergo the necessary medical treatment for their injuries.
Generally, the letter is drafted by the injury victim’s attorney and sent to a treating doctor agreeing to pay for the treatment at the end of the claim when compensation is recovered. This helps prevent the medical bills from racking up late fees as well as being sent to collections, which could negatively affect a person’s credit score.
Is a Letter of Protection Binding?
Since a letter of protection is a sort of contractual agreement between you, your attorney and your treating doctor, it is considered a binding document. This means you are legally obligated to pay the costs of medical treatment once your case is resolved whether you successfully obtain compensation or not.
It is important to note that the binding nature of letters of protection means that you should strongly consider speaking to an attorney before using this legal tool, as there are both pros and cons to using it.
What Are the Benefits of Using a Letter of Protection?
The main benefit to using a letter of protection in an injury case is that you likely will not have to worry about paying any out-of-pocket medical fees while you await compensation from your case.
With a letter of protection in which a doctor agrees to treat you without charging any upfront fees, you can receive important medical treatment to help you recover from your injuries. This may include getting a proper diagnosis and necessary physical therapy too.
Having a letter of protection may help ease some of the anxiety over finances most injury victims feel, which may also help you focus on your health instead of the financial situation at hand.
What Are the Drawbacks to Letters of Protection?
Just as there are benefits to using a letter of protection, there are some potential drawbacks. One of them being insurance companies often use the existence of a letter of protection against injury victims.
The way the insurance company may use this agreement against you is by arguing that your treating doctors, who are the ones providing the strongest evidence concerning the severity of your injuries, have a vested interest in an outcome that would benefit you, as that outcome would also benefit them. Basically, the insurance company would hurt the credibility of your most important witness.
Fortunately, our attorneys have dealt with insurance companies long enough to know that this is one of their tactics to devalue claims, so we are prepared to help build a strong counterargument.
Another drawback to letters of protection is that not every doctor agrees to sign one. Usually, there needs to be some sort of established professional history between the doctor and your attorney so there is a higher level of trust.
Need Help? Call Us Today
Not only can having an attorney with years of experience help you build a strong case, it can also be beneficial when attempting to negotiate with your treating physicians in case you need a letter of protection.
Our attorneys have years of experience negotiating with insurance companies and helping our clients maximize their compensation.
The consultation is free and there are no fees while we work on your case.