Recently, the driver of a vehicle failed to see an elderly man crossing the street and struck him. The accident occurred on the hospital grounds where the elderly man had just visited his doctor. He sustained serious injuries from the pedestrian accident, including fracturing in both of his ankles-one of which was completely shattered and required metal screws to hold it together. He was treated at the hospital and underwent several days of rehabilitation. He was confined to a hospital bed, one leg in a cast, and the opposite foot in a boot. Toward the end of his stay, hospital attendants approached him with a large stack of papers, informing him that he could not leave until he signed them, recounts the Orange County injury attorney who ultimately helped the man.
“One of them was a document with a lot of legalese-it said something about third party liability,” recalls the accident victim. “I didn’t really understand. In order to get out of the hospital I went ahead and signed all the documents.”
What the elderly man did not understand was that he was signing away his right to any money that he would receive in the accident settlement. The hospital preferred his settlement money as compensation for its services to the amount Medicare would pay out-in effect forcing this preference on him.
“This is becoming an increasingly common phenomenon,” explained an Orange County injury attorney. “Accident victims leave the hospital with no claim to the money they will need for the medical attention their injuries require in the months following the accident, not to mention pain and suffering and lost wages.”
Fortunately, an Orange County injury attorney was able to help the man. After numerous negotiations, and much persistence, the lawyer persuaded the hospital to accept the man’s Medicare insurance as compensation and release the rights to the settlement money back to him. He is home now, recovering from his injuries, and “very pleased” with the outcome of this case.
To watch the man tell the story in his own words, visit https://www.youtube.com/watch?v=IX4G-DR0kGg&feature=youtube_gdata_player
James Ballidis is an Orange County injury attorney specializing in pedestrian accidents. He has written extensively on the subject. To discuss your rights and options after an accident or request one of his books, feel free to call 866-981-5596.