What is a Letter of Protection in a Personal Injury Case?

Have you ever been injured due to someone else’s negligence and wondered what a letter of protection is? Do you have questions about how it relates to your personal injury case? Well, wonder no more. 

A letter of protection (LOP) is an agreement between a plaintiff, their attorney, and health care provider regarding payment for medical expenses associated with the plaintiff’s personal injury claim. 

This document serves as a guarantee from the plaintiff’s lawyer that they will be paid out of any settlement or court-awarded damages related to the lawsuit. It also acts as an assurance by the healthcare provider that they will not seek collection from the plaintiff during litigation proceedings.

In essence, this document sets forth the obligations of all parties involved in the suit and allows for continued treatment without interruption until a resolution is reached. 

This blog will look more in-depth at these documents, including their purpose, benefits and drawbacks, and how to get one in your case. 

What is the Purpose of a Letter of Protection?

When a lawyer signs a letter of protection, they acknowledge their responsibility on behalf of the client and guarantee reimbursement to medical providers. The amount owed can be deducted directly from any funds recovered through trial or negotiated settlement.

The purpose of entering into such an arrangement is twofold: firstly, it allows clients with limited financial resources access to necessary healthcare; secondly, it enables attorneys representing them to focus more closely on negotiating a favorable outcome for their client rather than having to worry about securing payments from insurance companies during litigation. 

From both sides’ perspectives, a letter of protection helps ensure timely repayment while allowing those involved in personal injury cases to move forward unhindered by economic concerns.

When is a Letter of Protection Used in a Personal Injury Case?

In most cases, getting a letter of protection is advisable if you are dealing with medical bills or any other expenses related to your injury. This way, these costs can be paid off over time without worrying about immediate payment. In addition, the money saved can go towards more important needs like groceries and rent payments.

It’s also beneficial for those with insurance coverage as they may not receive full compensation from their insurance provider due to certain limits and restrictions on claims. A letter of protection helps protect them by ensuring that all necessary costs associated with their injury will be covered.

Benefits & Drawbacks of a Letter of Protection

While a letter of protection can benefit the plaintiff and the attorney, there are also some drawbacks. 

In this section, we will discuss the benefits and drawbacks of a Letter of Protection in more detail.

Benefits

1. Access to Medical Care: One of the most significant benefits of a Letter of Protection is that it provides injured plaintiffs with access to the medical care they may not be able to afford otherwise. This can be especially important in cases where the plaintiff requires ongoing medical treatment, rehabilitation, or surgery.
2. No Upfront Costs: An LOP allows plaintiffs to receive medical care without paying upfront costs. Instead, the medical provider agrees to wait for payment until the plaintiff’s case is settled.
3. Improved Chances of Settlement: With access to medical care, plaintiffs may experience improved health outcomes, which can help their case. Additionally, defendants may be more willing to settle a case when they know that the plaintiff has received medical treatment and has documentation of their injuries.

Drawbacks

1. No Guarantee of Payment: While a LOP can provide access to medical care without upfront costs, there is no guarantee that the plaintiff’s case will be settled, and the medical provider may never receive payment.
2. Limited Provider Options: Not all medical providers are willing to accept LOPs. Plaintiffs may be limited in their choice of medical providers or may need to travel farther to receive care.
3. Increased Legal Fees: Using a LOP may increase legal fees for the plaintiff’s attorney. The attorney may need to negotiate with medical providers to reduce their fees or spend more time managing medical bills.

How to Get a Letter of Protection

An attorney typically requests a letter of protection. The injured party, their lawyer, the concerned healthcare provider, or another creditor must sign off on it. 

Here’s how to get one: 

1. Consult with a personal injury attorney who will request the letter on behalf of the injured party.
2. The injured party and their attorney must agree to the terms outlined in the letter, along with the healthcare provider or creditor.
3. The letter of protection will detail the available funds and payment schedule, as well as any obligations or stipulations for both parties.

Once agreed upon, the letter proves that the healthcare provider or creditor will receive full reimbursement for their services once legal proceedings have concluded successfully.

How Long is a Letter of Protection Good for?

Typically, a letter of protection will remain in effect until the case’s conclusion or when the defendant’s insurance company has paid off all the services. The duration may vary depending on each particular situation but generally lasts until one of these conditions has been met.

At that point, both parties must agree to terminate the existing letter of protection before any other arrangements can be made. So, understanding how long your letter of protection remains active is essential for ensuring you get all necessary treatments covered during your lawsuit process. 

Terminating a Letter of Protection

There are two primary ways that a letter of protection can be terminated: voluntary termination or involuntary termination. Voluntary termination occurs when both parties mutually agree to end their arrangement before resolving the personal injury claim. Involuntary termination happens when one party unilaterally terminates the agreement without consent from another party.

Terminating a letter of protection requires careful consideration by all parties involved to avoid any potential issues during settlement negotiations. Therefore, it’s vital for individuals considering entering into such agreements to seek legal counsel first – especially if they’re unsure about ending or altering its terms later on. 

Alternatives to a Letter of Protection

Several alternatives are available when considering how legal fees should be handled in personal injury cases.

Consider the following options:

1. Out-of-Pocket Payments: Plaintiffs may be able to pay their attorney’s fees out of pocket, either all at once or through periodic payments, to save money on interest charges associated with LOPs.
2. Contingency Fee Arrangements: Attorneys may offer contingency fee arrangements, allowing them to collect a percentage of any settlement or award received by the client if they win their case, which can be an alternative way for clients to cover their legal fees without having to resort to LOPs or direct payment plans.

These two methods represent viable solutions depending upon each individual’s unique circumstances; however, further consideration must be taken before deciding which route is best suited for one’s particular needs.

Are you wondering whether a Letter of Protection makes sense for your personal injury case? Call Injury.io today to discuss your options.

Justice McDaniel is an experienced copywriter and blogger. She has over three years of experience providing outstanding legal content that ranks.