Legal Question in Personal Injury in Alabama

Settling a injury claim from auto accident

My son was a passenger in a auto accident which claimed the life of the intoxicated drive and another passenger. His medical bills thus far are at 90,000.00 with 1 more surgery pending. The drivers insurance comp. (State Farm) is trying to settle the claim with us. They tell me they have a 50,000 cap. The questions I have are:

1. My son is on mental disability and Medicaid has paid part of his bill is has contacted the insurance co for reimbursement of $11,000.00.

Does Medicaid only pay a portion of your medical?

2. If this is all Medicaid is going to pay will the hospital be expected to be paid for the remainder?

3. With a cap of $50,000.00 can we expect this to be the most we could get minus the $11,000.00 Medicaid will get.

4. Should we rush to settle this since my son has not had out of pocket expenses since he is on Medicaid and does not work? Do i definitely need an attorney?

5. I ve we try to settle this w/o an attorney. How much should we ask for to settle?


Asked on 4/16/99, 11:04 am

1 Answer from Attorneys
David Austin Burke & Eisner, P.A.

Re: Settling a injury claim from auto accident

I am not an attorney in AL, but I work with a few and I beleive that they would be happy to speak with you. I think that you should at least consult with an attorney given the severity of the injuries. Feel free to contact me. Below are my answers to your questions.

1. My son is on mental disability and Medicaid has paid part of his bill is has contacted the insurance co for reimbursement of $11,000.00. Does Medicaid only pay a portion of your medical?

Generally Yes. What I mean is that they usually pay a certain rate. If the doctor charges $100, medicaid may only pay $50 or something along those lines. You can get a printout of the charges and the payments from Medicaid. You also may be able to negotiate this down.

2. If this is all Medicaid is going to pay will the hospital be expected to be paid for the remainder?

Most likely the hospital has already been paid. You should be able to get a printout of the bills from the hospital to determine this.

3. With a cap of $50,000.00 can we expect this to be the most we could get minus the $11,000.00 Medicaid will get.

This depends on the facts. Do you have uninsured motorist coverage? Who owns the car? There are so many factors that go into whether you can collect. This alone is enough reason to consult an attorney.

4. Should we rush to settle this since my son has not had out of pocket expenses since he is on Medicaid and does not work? Do i definitely need an attorney?

I can't really answer this one because I would need to know much more about the case. Any attorney would. I probably sound like a broken record here, but yes you should talk with an attorney. Talking with one does not mean that you end up hiring one. You may get through the inital phone conversation and realize that you don't need one.

5. I ve we try to settle this w/o an attorney. How much should we ask for to settle?

Can't give you a settlement number. Settlements are based on the individual cases facts and the verdicts in your area.

Good Luck and call an attorney.

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Answered on 5/11/99, 9:04 am


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