Detailed Answer
Short answer: Yes — in Nevada you can seek to have accident-related medical bills paid through a personal injury claim. A successful claim (settlement or judgment) can reimburse past medical expenses and provide compensation for reasonable future medical care related to the injury. But who actually pays, and in what order, depends on whether you had health insurance, whether Medicare or Medicaid paid, and whether medical providers or insurers assert subrogation rights or liens.
How medical bills fit into a Nevada personal injury claim
When you file a claim against the at-fault party in Nevada, you can include the economic damages you suffered, which normally include past medical bills and reasonable future medical expenses related to the injury. Those amounts are part of your damages and are recoverable if you can prove they were caused by the accident and are reasonable and necessary.
Who pays first: health insurer, Medicare/Medicaid, or the at-fault party?
- Health insurance: If your private health insurer paid your medical bills after the crash, the insurer often has a contractual right to be reimbursed from any recovery you obtain (this is called subrogation or reimbursement). The insurer’s exact rights depend on your insurance contract and whether federal law (ERISA) applies.
- Medicare/Medicaid: If Medicare or Medicaid paid some of your care, federal and state rules require repayment from any third-party recovery for amounts those programs paid as “conditional payments.” The Centers for Medicare & Medicaid Services (CMS) enforces Medicare’s right to repayment, and state Medicaid programs enforce Medicaid recovery rules. See CMS resources on Medicare secondary payer rules and Medicaid third-party liability for details: CMS – Coordination of Benefits and Recovery and Medicaid – Third Party Liability.
- Medical providers: Individual hospitals or clinics sometimes assert liens or demand repayment from your settlement. The existence and enforceability of any lien depend on provider agreements, Nevada law, and the facts of your case. Providers may also accept reduced payoffs to release liens.
What happens if you can’t afford the bills before your claim resolves?
- Emergency care: Hospitals must provide emergency treatment regardless of your ability to pay (federal EMTALA requirements apply to Medicare-participating hospitals). You still may receive bills, but you can negotiate, set up payment plans, or seek charity care while your claim is pending.
- Negotiation and letters of protection (LOP): Many attorneys negotiate directly with medical providers or obtain a Letter of Protection — an agreement where a provider agrees to wait for payment out of the client’s eventual settlement. LOPs are common but are not guaranteed and depend on the provider’s willingness.
- Settling with the at-fault party: When you settle, the settlement must generally account for what you owe to insurers and providers. Your net recovery after liens, subrogation, and attorney fees may leave less available cash, so negotiating lien reductions is often critical.
Special rules and timing — Nevada deadlines
In Nevada, personal injury claims have a statute of limitations. Generally, you must file a lawsuit within the time limit set by Nevada law or you could lose the right to recover. See Nevada’s statute of limitations for civil actions for the exact period and exceptions: NRS 11.190. Missing the deadline can prevent you from obtaining any recovery to pay medical bills.
Typical sequence after an accident
- Get medical care and keep all records and bills.
- Report the accident to your insurer and, if relevant, the at-fault party’s insurer.
- If insured, your health plan will usually pay initial bills. Keep statements showing payments and remaining balances.
- If you pursue a claim, provide proof of medical expenses and link them to the accident to recover those amounts.
- When a settlement or judgment is reached, expect insurers, Medicare, Medicaid, or medical providers to assert reimbursement claims. Your attorney can negotiate reductions and allocate the settlement to cover past/future care.
Practical outcomes you should expect
- If you are uninsured: You can include unpaid medical bills in your claim and recover them from the at-fault party, but doctors and hospitals may expect payment and may or may not agree to wait for settlement proceeds.
- If you have insurance: Your insurer may be entitled to be repaid from your award. For Medicare/Medicaid recipients, expect mandatory repayment of conditional payments.
- Net recovery: After paying attorney fees and repaying subrogation/liens, your net recovery may be smaller than the total award. Experienced counsel can often negotiate lower lien amounts to increase your net recovery.
Bottom line: A personal injury claim in Nevada can and typically should cover medical bills caused by the accident. But multiple payers may have claims against your recovery. Acting quickly, documenting everything, and getting legal help will improve your chance of recovering the money needed to cover medical care.
Disclaimer: This article is for general informational purposes only and is not legal advice. Laws change, and every situation is different. For advice about your specific case, consult a licensed Nevada attorney.
Helpful Hints
- Keep all medical records, billing statements, and insurance Explanation of Benefits (EOBs). These documents prove your expenses and show who paid what.
- Notify your health insurer and the at-fault party’s insurer promptly. Timely notice preserves claims and helps avoid denial for late reporting.
- Ask your providers about payment plans or charity care if you cannot pay bills while your claim is pending.
- Before signing any settlement, confirm how much will be paid to insurers, Medicare/Medicaid, and medical providers. Get lien amounts in writing.
- Consider hiring an experienced Nevada personal injury attorney early. Attorneys can often negotiate lien reductions and protect your rights under Medicare/Medicaid rules.
- Don’t miss Nevada filing deadlines. Check NRS 11.190 for the applicable statute of limitations and exceptions: NRS 11.190.
- If Medicare or Medicaid paid your bills, notify CMS/your state Medicaid agency and your attorney. Federal and state recovery rules likely apply; see CMS’s guidance on recovery: CMS – Coordination of Benefits and Recovery.
- Ask about structured settlements or setting aside funds for future medical care if you have large ongoing needs.