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Settlement Reached for Woman Suffering Potential Brain Bleed In Car Accident

By: Scottsdale Injury Lawyers LLC September 18, 2024 no comments

Settlement Reached for Woman Suffering Potential Brain Bleed In Car Accident

The car accident attorneys at Scottsdale Injury lawyers recently secured a six-figure settlement for a woman who was rear-ended. The client was at a stop light when she was hit from behind. The impact caused her injuries.

When she was evaluated at the emergency room it was determined that the client had evidence suggesting a brain bleed. The client was hospitalized overnight for observation and eventually released. The client had headaches following the crash but ultimately made a full recovery. Our car accident attorneys were able to settle her case within 90 days of the crash.

Details About the Car Accident

In June of this year, the client was in Gilbert, Arizona on N. Val Vista Drive. The client was at a complete stop at a traffic light at the intersection with E. Mission Bay Drive. While the client was stopped waiting, a vehicle impacted her from behind. The vehicle did not stay at the scene and instead left abruptly.

The Car Crash Was a Hit and Run

After the at-fault driver fled the scene, the client followed her. The client dialed 911 and police were dispatched. The at-fault driver pulled over after she realized that she was being followed and would not get away. The client confronted her and told her to wait until law enforcement arrived.

Police arrived at the location where the client and other driver were stopped. The police determined that the other driver violated A.R.S. 28-701(A)—Arizona’s basic speed law. In sum, the officer determined that the at-fault driver failed to maintain a reasonable and safe speed to avoid a car accident. The at-fault driver was cited at the scene.

The At-Fault Driver Did Not Have Insurance

The at-fault driver presented insurance at the scene but tore off a piece of her insurance card. It was later determined that the part the at-fault driver tore off was the effective dates of the policy. Upon contacting the insurance company, they advised that the other driver did not have insurance. The other driver’s insurance had lapsed and she was uninsured.

Actual photo from client file showing the insurance infomation presented by the at-fault driver.

The Client Had Uninsured Motorist Coverage

Fortunately for the client, she had uninsured motorist coverage under her own car insurance coverage. As its title suggests, uninsured motorist coverage applies when a person is involved in a car accident with someone who does not have insurance. In this situation, the injured individual is allowed to use their own insurance coverage to cover their injury claim.

Uninsured Motorist Coverage Is First-Party Coverage

Uninsured motorist coverage is considered “first-party” coverage. This means that the insurance company owes its own customer coverage for his or her injury. The insurance company is contractually obligated to its insured customer to pay benefits. This is very different than a third-party claim or third-party coverage situation.

A third-party claim is one where the claim is made against someone else’s insurance coverage. A claim made by an injured person against an unrelated at-fault driver’s insurance is a third-party claim. This is because the claim is asserted by a third-party to the contractual insurance agreement.

uninsured motorist coverage applies when a person is involved in a car accident with someone who does not have insurance.

In a third-party claim, the insurance company owes no contractual duty to the claimant. This is unlike a first-party claim where the insurance company owes its insured a duty of good faith and fair dealing in fulfilling the obligations of the insurance agreement/contract. In theory, someone making a first party claim against his or her own insurance should be treated better than if he or she made a claim as a third-party against an insurance company.

The Client’s Medical Treatment at HonorHealth

The client did not require transport from the scene to a medical facility. However, later that day, she experienced continued problems and was taken to the emergency room at HonorHealth Thompson Peak by a family member. Scans taken at the emergency room gave the doctors reason for concern.

An MRI of the client’s brain revealed heightened signal in her frontal lobe. This indicated to medical personnel that she may have a possible intracranial hemorrhage. Doctors determined that her condition was serious enough that she needed to be taken to a trauma center.

The client was then transferred by ambulance to HonorHealth Osborn for further evaluation. She was held overnight for observation and released the next day. Upon release, she was told to consult with a neurologist.

The Client’s Follow Up Treatment With a Neurologist

The client experienced headaches intermittently following the car accident. They persisted on and off for several weeks. The client met with a neurologist that determined that the client likely experienced a concussion at worst and not a brain bleed. In the neurologist’s opinion, the client had a deformity that caused the anomaly on the MRI scan. Further, that the deformity was pre-existing and that the client likely always had it.

Other than the client’s initial treatment and the meeting with the neurologist, she required no further treatment. The client made a complete recovery. Less than 3 weeks following the crash, she was back to her pre-crash condition and was both pain and symptom free.

HonorHealth’s Balance Bill Lien

HonorHealth recorded a sizeable “balance bill lien.” Under Arizona law, certain medical providers, including hospitals and ambulance companies, may record liens for an injured person’s accident-related medical expenses. The liens are recorded in the Maricopa County Recorder’s Office.

 

If properly recorded and perfected, the lien allows the medical provider to seek a recovery from the at-fault party or his or her insurance. The amount the provider can seek is the entire balance of what was charged for a client’s treatment. This is in addition to the amounts that the provider already received from health insurance. When this occurs, the injured person’s personal injury settlement could be largely eroded or wiped out entirely as owing to the medical provider who recorded the lien.

An Example of How Balance Billing Works

Here is an example of how a balance bill lien works. Assume an injured person went to the hospital and had medical treatment the charged amounts for which totaled $25,000. However, the person’s health insurance paid the entire bill for $5,000 and the other amounts were adjusted and charged off. Typically, the hospital would have to accept the $5,000 as payment in full per an agreement with the health insurance company.

However, if that person was in a car accident or suffered another injury for which they were claiming a third-party was at fault, like a slip and fall, the medical treater could record a balance bill lien. If the medical provider did, this would entitle them to pursue from the at-fault party the $20,000 balance in addition to the $5,000 the provider already received from health insurance. Even though, the provider is entitled to pursue the third-party who caused the injury for this amount, in practice the provider seeks it directly from the injured individual’s personal injury settlement.

Our Scottdale Injury Lawyers Obtained a Complete Waiver of the Balance Bill

Based on the above example, it is easy to see how a medical provider’s balance bill lien can wipe out a significant amount of the injured person’s personal injury settlement. However, these liens can be attacked in a variety of ways.

  • They can be attacked because they are not allowed based upon the type of health insurance the individual had.
  • They can be attacked based on the language in the health insurance agreement the individual had.
  • They can be attacked because of the source of the settlement being obtained.
  • They can be attacked because the lien was not properly recorded or perfected.
  • They can be attacked because the charges for the treatment are not reasonable or customary.

In addition to the above, these liens are subject to negotiation and reduction. Our injury attorneys have derived a proven strategy for consistently reducing these liens down. Our strategy provides the injured individual with significant leverage and gives our clients the best chance in obtaining meaningful reductions.

With respect to the client with the brain bleed, we were able to obtain a complete waiver of the HonorHealth balance bill lien. As a result, the amount she kept from the settlement was literally increased by tens of thousands of dollars.

Skillful Lawyering Results in a Significant Settlement Despite Little Property Damage

Our car accident attorneys were able to resolve the claim for the client despite there being very little property damage to her vehicle. The crash photos showed almost no damage to the client’s car. Despite this unfavorable fact and very little continued treatment, the experience of our car accident lawyers allowed us to present the claim in a way where we secured a six-figure settlement.

Actual photo from client file showing very little damage to client’s vehicle. 

 

In addition, due to our attorneys’ extensive experience handling balance bill liens, we were able to maximize the amount the client received. The amount she received was significant and made a meaningful difference in her life. The client was very grateful and left a google review on-line stating

“Thank you Tony for putting your all into my case. You were very helpful, professional, and I felt not only listened to but advised properly for a great result in the end. Everything went smoothly to what could have been a difficult situation and I am thankful that we got our settlement quickly and right in time for the holidays! Thank you for all you did and I highly recommend calling this office if you’re needing a great Attorney that fights for them! Very very appreciative of you guys!! Happy Holidays!!”

Contact An Experienced Scottsdale Car Accident Lawyer

If you or a loved one was involved in a car accident, contact an experienced car accident lawyer at Scottsdale Injury Lawyers. Our car accident attorneys have resolved hundreds of claims. We know the ins-and-outs of Arizona car accident laws and how best to maximize your car accident injury claim.

A consultation is free and we only obtain a fee if we recover for you. You owe us nothing if we do not prevail or obtain a settlement. An attorney is available now to consider your case.

About the author: The content on this page was provided by Scottsdale personal injury attorney and civil rights lawyer Tony Piccuta. Piccuta graduated with honors from Indiana University-Maurer School of Law in Bloomington, Indiana (Previously Ranked Top 35 US News & World Report).  Piccuta took and passed the State bars of Arizona, California, Illinois and Nevada (all on the first try). He actively practices throughout Arizona and California. He is a trial attorney that regularly handles serious personal injury cases and civil rights lawsuits. He has obtained six and seven figure verdicts in both state and federal court. He has been recognized by Super Lawyers for six years straight. He is a member of the Arizona Association of Justice, Maricopa County Bar Association, Scottsdale Bar Association, American Association for Justice, National Police Accountability Project and Consumer Attorneys of California, among other organizations.

Disclaimer: The information on this web site is for informational purposes only and does not constitute legal advice. The information on this page is attorney advertising. Reading and relying upon the content on this page does not create an attorney-client relationship. If you are seeking legal advice, you should contact our law firm for a free consultation and to discuss your specific case and issues.

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