When you’re hurt in an accident, the last thing you want to worry about is how to pay for medical care. Medical bills can pile up quickly, especially if you don’t have health insurance or if your plan has high deductibles. This financial stress can make a difficult recovery even harder. This is where a Letter of Protection, or LOP, can be a crucial tool in a personal injury case. It allows you to get the treatment you need now and defer payment until your case is resolved.
As a lawyer who has helped many injured workers and accident victims, I’ve seen firsthand how a Letter of Protection can provide peace of mind. This article will explain what an LOP is, how it works, and discuss its benefits and potential downsides so you can make an informed decision.
What is a Letter of Protection (LOP)?
A Letter of Protection is a legally binding document that your personal injury attorney sends to a medical provider. In simple terms, it’s a contract between you, your attorney, and your doctor. The letter guarantees that the doctor’s bills for your treatment will be paid directly from any settlement or court award you receive from your personal injury claim.
The main purpose of an LOP is to allow you to receive necessary medical care without paying out-of-pocket immediately. This is especially helpful if:
- You do not have health insurance.
- Your health insurance won’t cover treatment for an accident caused by someone else.
- You can’t afford the high deductibles or co-pays required by your insurance plan.
By signing the LOP, the medical provider agrees to wait for payment until your case concludes.
How Does a Letter of Protection Work?
The process for using an LOP involves a few key steps that create a three-way agreement between you, your attorney, and your medical provider.
- Consult with Your Attorney: The first step is to discuss your situation with your personal injury lawyer. If you need medical treatment but can’t afford it, your attorney will evaluate your case to see if an LOP is a suitable option. They will typically only issue an LOP if they believe your case has a strong chance of success.
- Your Attorney Drafts the LOP: If your lawyer agrees, they will draft the Letter of Protection and send it to the medical providers who will be treating you. This could include doctors, surgeons, physical therapists, or imaging centers. The letter outlines the arrangement, promising payment from a future recovery.
- The Medical Provider Accepts: Not all doctors accept LOPs. However, many who work with personal injury victims are familiar with them. Once the provider reviews and accepts the terms, they agree to provide treatment and delay billing.
- You Receive Medical Care: With the LOP in place, you can get the medical care you need to recover from your injuries. This might include diagnostic tests like MRIs, surgery, rehabilitation, and follow-up appointments.
- Payment After Settlement: When your case is settled, or you win a judgment in court, your attorney receives the funds. Before you receive your portion, your attorney will use the settlement money to pay the medical providers as promised in the LOP.
The Benefits of Using an LOP
A Letter of Protection offers several significant advantages for someone recovering from an injury.
Immediate Access to Medical Care
The most important benefit is that an LOP removes the financial barrier to getting medical treatment. You don’t have to delay crucial care while waiting for an insurance company to approve a claim or for your case to settle. Prompt treatment often leads to a better and faster recovery.
Protects Your Financial Health
An LOP prevents your medical bills from going to collections, which can protect your credit score. You can avoid depleting your savings or taking on high-interest credit card debt to cover medical expenses. This financial breathing room allows you to focus on getting better, not on mounting bills.
Strengthens Your Personal Injury Claim
Consistent medical treatment creates a clear record of your injuries and the care you required. This documentation is powerful evidence in your personal injury case. Gaps in treatment can give insurance companies an opportunity to argue that your injuries weren’t serious. An LOP helps you build a strong, continuous treatment history, which can help your attorney negotiate a fairer settlement.
Potential Risks and Downsides of an LOP
While an LOP is a valuable tool, it’s important to be aware of the potential drawbacks.
You Are Still Responsible for the Bill
An LOP defers payment; it doesn’t eliminate it. If you do not win your case or receive a settlement, you are still personally responsible for paying the full amount of your medical bills.
Insurance Companies May Challenge It
In some cases, the opposing insurance company may argue that the doctor has a financial bias because their payment depends on the outcome of your case. They might claim the doctor over-treated you or exaggerated your injuries. An experienced attorney knows how to counter these tactics and show that the treatment was necessary.
Potentially Higher Costs
Some medical providers who accept LOPs charge their full, undiscounted rates rather than the lower rates they may have negotiated with insurance companies. This can result in higher overall medical costs, which would be deducted from your settlement.
Limited Choice of Doctors
Not every doctor or medical facility accepts Letters of Protection. This may limit your choices to a network of providers your attorney has worked with previously.
How Victor Malca Law Can Help
Navigating a personal injury or workers’ compensation claim is complex, and managing your medical care adds another layer of stress. At Victor Malca Law, we have extensive experience helping injured clients throughout Florida. We understand the challenges you face, and we’re here to guide you through every step of the process.
We frequently work with medical providers who accept Letters of Protection, ensuring our clients can access the quality care they need without upfront costs. Our team handles the communication and negotiations with doctors and insurance companies so you can focus on your recovery. Whether you’ve been injured in a car accident, a slip and fall, or at work, we have the expertise to build a strong case for you. We fight to secure the compensation you deserve to cover your medical bills, lost wages, and pain and suffering.
Don’t let financial worries prevent you from getting the help you need. Contact us to understand your options.
Final Thoughts
A Letter of Protection can be an essential lifeline after an accident, providing a way to get necessary medical treatment when you can’t afford to pay for it yourself. It allows you to prioritize your health and strengthens your legal claim. However, it’s a formal agreement with real financial obligations.
Before moving forward with an LOP, it’s crucial to speak with an experienced personal injury attorney who can explain the process, protect your interests, and help you determine if it’s the right choice for your situation.
VICTOR MALCA – Florida Workers Compensation & Social Security Disability Attorney
Victor Malca P.A. has over 27 years of litigation experience in Workers Compensation and Social Security Disability lawsuits. His experience and continued success when fighting for his clients puts him among the most trusted workers’ compensation attorney’s in Florida. He specializes in representing injured workers on compensation benefit cases and disabled individuals claiming lost social security disability benefits.
Book a free consultation today. Our unwavering advocacy for employee rights and privileges are recognized by our past clients across South Florida.
About The Author
Meet writer Rei Bayucca, a graduate of Saint Louis University with a passion for writing about legal topics. Explore insightful articles tailored to solve your most pressing issues. Rei’s expertly crafted content is thoroughly researched and fact checked.