Maximizing Personal Injury Recoveries with the No Surprises Act
If you’ve ever been in a car accident, you know how quickly medical bills begin accumulate. Even if you have health insurance that paid for a portion of the bill, you might get an invoice for the difference. This is balance billing, and it’s a problem for personal injury victims. But thanks to a new federal law called the No Surprises Act, you now have more protection from these unexpected charges.
What Is Balance Billing?
Balance billing is when a healthcare provider bills you for the difference between what they charge. The difference is what your health insurance, Medicare, or Medicaid pays.
This often happens when you have to see an out-of-network provider for medical treatments. The most common example occurs during emergencies. Insurance companies typically consider emergency rooms as out-of-network medical providers.
Health insurance coverage often does not fully cover emergency services. You receive services from out-of-network providers in these situations. Your share of the cost can increase significantly because of this. An unexpected balance bill results from the difference in what insurance pays and provider charges.
Include these unexpected balance bills in your personal injury claim documentation. This helps ensure compensation for all costs related to the injury. Accurately document every service received and the associated costs. Health insurance may not always cover the full amount of these emergency services.
How the No Surprises Act Protects You
The No Surprises Act of 2023 changed the healthcare landscape. Before this law, you could be on the hook for thousands of dollars in surprise medical bills. This was true even if you had employer-provided healthcare plans or insurance coverage.
This means you’ll only have to pay your normal in-network cost-sharing amounts, like copays and deductibles. The law also helps if you don’t have insurance, are an uninsured patient or elect to be a self-pay individual. In these cases, you can ask the provider for a “good faith estimate” of what your care will cost before you get treatment. If the final bill is more than $400 above the estimate, you can dispute the charges through a new arbitration process.
What the No Surprises Act Means For Personal Injury Cases
So what does this mean for personal injury cases? A No Surprises Act summary: It can make a difference in how much money you get to keep after an accident.
Medical bills are often a big part of a settlement. Before the No Surprise Billing Act, out-of-network charges and balance billing took a chunk out of your recovery. The new law reduces the likelihood of facing these surprise bills. This means more of your settlement money can go towards your other accident-related expenses and losses.
Georgia has its own medical billing laws. These laws are especially important to protect patients from surprise bills in this state. While Georgia House Bill 888 provides some protections, it doesn’t cover everything. The No Surprises Act targets surprise medical billing and/or balance billing charges by prohibiting.
How The No Surprises Act Works
The No Surprises Act targets surprise medical billing and/or balance billing by prohibiting:
- Surprise bills for emergency services from out-of-network providers or facilities, even without prior consent.
- Out-of-network cost-sharing (like coinsurance or copayments) for all emergency services and certain non-emergency services.
- Out-of-network charges and balance bills for supplemental care (such as radiology or anesthesiology) by out-of-network providers working at an in-network facility.
Additionally, the No Surprises Act offers more patient protections through patient advocacy. It requires healthcare facilities to inform patients about their rights against balance billing. These rights exist at both the federal and state levels. It also establishes a complaint process for patients to report violations of these protections.
For personal injury victims, this means greater peace of mind when seeking medical care after an accident. You can focus on your recovery without worrying about unexpected out-of-network bills or excessive cost-sharing.
The law protects you from penalties for receiving emergency care. It also covers certain services at in-network facilities. This protection applies even if some of the providers are out-of-network.
The Department of Health mandates that all medication costs require written consent. This policy prevents surprises in billing for prescribed treatments. Your health provider must fully inform you before charging for any medications. This transparency allows you to manage expenses more effectively during recovery.
What If You Receive A Surprise Medical Bill?
If you do receive a surprise medical bill, you now have recourse under the law to fight balance billing and protect your consumer rights. You can file a complaint and challenge the charges, potentially saving yourself thousands of dollars in the process. This can make a significant difference in the amount of compensation you ultimately receive from your personal injury case.
First, check with your insurance company to see if they’ve received the bill and if it’s accurate. If not, contact the provider to see if there was a mistake or error.
If you still think the bill is wrong or violates the No Surprises Act, you can file a complaint with the federal government online. Avoid paying any amount on the disputed bill until you resolve the issue. If you pay, others might view it as accepting responsibility for the charges.
How Our Firm Can Help
State regulators ensure that health care services adhere to local laws. They provide protections against surprise medical bills effectively. Your lawyer will consult these regulators if unexpected charges arise. This law fully protects your rights.
Always review your explanation of benefits from your health care facility. It lists copayments, coinsurance, and deductibles along with services received. Contact information on this document helps resolve any discrepancies quickly. Lowering your out-of-pocket costs becomes easier with clear, documented communication.
If you’ve been injured in an accident, it’s important to work with a lawyer who understands the No Surprises Act and how it can impact your case. As your accident attorney and injury lawyer, I have many tools in my arsenal. One of these tools is the No Surprises Act. And I’ll use it to help you get the full compensation you deserve after an accident.
You can take additional steps to minimize your medical expenses after an accident. These steps go beyond the protections provided by the No Surprises Act. Your lawyer must handle medical billing disputes and determine which bills require repayment. Further, your lawyer will then negotiate to reduce those balances as much as possible.
Our goal is to put as much money as possible into your pocket!
Protect Your Rights & Recovery With Georgia Trial Attorneys
The No Surprises Act is a major step forward in protecting patients from unexpected medical bills. For personal injury victims, understanding your rights can make a significant difference. It can determine whether you receive the full compensation you deserve or have your settlement consumed by medical debt.
If an accident has impacted you, ensure you comprehend your rights under this new law. Hire a lawyer who can guide you through the process and protect your interests.
Contact Georgia Trial Attorneys today for a free consultation. We’ll review your case, answer your questions, and develop a strategy tailored to your unique needs. You deserve justice and fair compensation, and we’re here to help you get it.
Don’t let surprise medical bills take away from what you rightfully deserve. CALL 833-4TheWin TODAY to schedule your free consultation! Let us fight for you and help you get the full recovery you deserve.

