Seasoned litigators routinely face the issue of how to deal with a client’s medical expenses that could be billed to the client’s health insurer. If a particular client does have health insurance available, submission of the bills to the client’s health plan will ultimately reduce the client’s overall medical bill liability. However, that client may not be able to afford their deductible or co-pays for treatment. Unfortunately for the client and/or the attorney, if available health insurance is not used, then the defense will argue that the client failed to mitigate their damages. While the client would have a reasonable explanation for not using the plan if they cannot afford to, defense attorneys may not let this argument go and an unpredictable jury may happen to agree with the defense on this issue and reduce any award for past (and possibly future) medical expenses accordingly.
To alleviate these concerns, and upon approval by our underwriters, Bayshore Funding will finance the client’s co-pays, deductibles and/or co-insurance up to specified limits in exchange for an assignment of a portion of the proceeds from the client’s recovery in the suit. As with standard pre=settlement advance funding, Bayshore’s financing of these expenses will be non-recourse. Therefore, if there is no recovery in the suit, then neither the client nor their attorneys will be responsible for repayment of the amounts invested. Cases submitted to Bayshore Funding on this platform will be underwritten as any other pre-settlement advance case would be. The turnaround time for approval could be within as little as 24 hours for qualified cases.
To further discuss this program, please contact us at 813-223-6700.