When Should You Consider a Letter of Protection?
Injured individuals often face a difficult reality of medical treatment which cannot wait but insurance claims that can take a long time to resolve. If you do not have adequate health insurance, or if your benefits are quickly exhausted, a knowledgeable Port St. Lucie Personal Injury Lawyer may discuss the possibility of a Letter of Protection (LOP) with you.
Understanding When and Why to Pursue a LOP
A Letter of Protection is a written agreement between your personal injury attorney and your medical provider. Under this agreement, the provider agrees to treat you without upfront payment. Instead, payment for medical services is deferred, and the outstanding balance is paid from the proceeds of your settlement. In other words, the provider extends treatment secured by your pending injury claim.
This arrangement is common in Florida personal injury cases, particularly in motor vehicle accidents where Personal Injury Protection (PIP) coverage is limited to $10,000. Once those benefits are exhausted, ongoing care may require alternative payment arrangements.
A Letter of Protection may be appropriate if:
- You don’t have health insurance. If you are uninsured, paying for diagnostic imaging, specialist visits, or physical therapy out-of-pocket may be unrealistic.
- You’ve exhausted your PIP benefits. Florida’s no-fault system requires drivers to carry PIP insurance, regulated in part through agencies like the Florida Department of Highway Safety and Motor Vehicles. However, serious injuries often exceed PIP limits quickly.
- Your personal insurance denies accident-related care. Some health insurers seek reimbursement (subrogation) from settlements, or they may limit coverage for certain accident-related services.
- You need specialized treatment. Orthopedic care, interventional pain management, or surgical procedures may be medically necessary to properly document the full extent of your injuries.
In any of these situations, an LOP can offer continuity of care.
One of the most important elements of a personal injury claim is proving damages. You cannot recover compensation for medical treatment you never receive. Insurance companies frequently argue that gaps in treatment indicate minor injuries. If you stop treating because you cannot afford care, the insurer may use that gap to undervalue your claim.
Bills Will Need to Be Settled
A Letter of Protection is not free medical care. You remain responsible for the bills. If your case does not resolve favorably, you may still owe the provider.
Additionally, insurance carriers sometimes argue that LOP-based treatment is inflated or biased. An experienced Port St. Lucie Personal Injury Lawyer anticipates these tactics and works to demonstrate that your treatment was medically necessary and reasonable.
LOPs can be strategic and practical tools when financial barriers threaten your ability to obtain proper care. When used appropriately, it allows injured individuals to pursue the medical treatment necessary to support both their recovery and their claim.
Have you been told you need care you can’t afford? If you are navigating a Port St. Lucie, Fort Pierce, Stuart, or Vero Beach personal injury case and are concerned about how to pay for treatment, ask the attorneys at Leifer & Ramirez if a Letter of Protection may be appropriate for you. Call 561-660-9421 to schedule a confidential consultation.
