What is a Letter of Protection?
A letter of protection is a letter sent by a personal injury lawyer to a healthcare professional that permits an injured person to obtain the medical care they otherwise cannot afford on credit in exchange for a promise to pay for the services directly out of their settlement or judgment.
According to the American Bar Association (ABA), a Letter of Protection is described as “a letter from a lawyer to a doctor or medical professional to defer payment for medical services until a settlement or verdict is reached in a personal injury case.” Through this particular definition we can see that the aim of a letter of protection is meant to ensure that the injured person is able to receive necessary medical treatment. Examples of situations where a Letter of Protection might be used for car accidents, slip-and-fall incidents or workplace injuries. For example, a person who suffers injuries from a slip and fall accident might use an LOP to cover medical expenses while pursuing a legal claim against the property owner.
Letters of Protection are particularly beneficial because they ensure the injured party receives timely and necessary medical care, and allows medical bills to be paid from an eventual settlement of court award to relieve financial pressure for the injured party. However, medical providers do take on the risk of non-payment if the case does not result in a favorable settlement or award, and the plaintiff may have an increased legal cost if the case is prolonged. Letter of Protection is crucial for personal injury attorneys, clients, and healthcare providers to ensure proper management of medical expenses during litigation and to facilitate access to necessary medical care for the injured party.
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