How a Letter of Protection Gets You Medical Care
A written agreement where a personal injury attorney promises to pay a healthcare provider from the client's eventual settlement or verdict, allowing the patient to receive medical treatment without paying out of pocket.
Understanding Letter of Protection (LOP)
A letter of protection (LOP) is a legal document sent by a personal injury attorney to a healthcare provider. It guarantees that the provider will be paid for treating the attorney's client from a future settlement or verdict. The LOP creates a medical lien โ the provider's legal right to be repaid from the settlement. In practice, "LOP" and "medical lien" are often used interchangeably, but technically the LOP is the document and the lien is the legal claim it creates. LOPs are a three-party agreement involving the attorney (who guarantees payment), the medical provider (who delivers treatment and defers payment), and the patient (who receives care without upfront costs). Common provider types who treat on LOP include chiropractors, orthopedic surgeons, pain management specialists, and physical therapists.
Examples
- 1Chiropractor treating a car accident victim under an LOP while the case is pending
- 2Orthopedic surgery performed with an attorney's LOP guarantee of payment from settlement
- 3Physical therapy provided for months pending case settlement, with bills deferred under the LOP
- 4Medical lien company purchasing a provider's LOP-based lien at a discount for immediate cash flow
Why This Matters in Legal Cases
LOPs are the mechanism that funds medical treatment in most personal injury cases. Without them, injured patients who lack insurance or funds would go untreated โ weakening both their health and their case. For providers, LOPs provide a steady stream of patients referred by PI attorneys, though they take on the risk that the case might not settle favorably. For attorneys, LOPs ensure their clients get the documented treatment that builds a stronger case. The LOP ecosystem connects attorneys, providers, and sometimes lien companies into a treatment-funding loop that makes PI litigation possible.
Explaining to Clients
When explaining an LOP to clients, emphasize that it means they can get medical treatment now without paying anything upfront. The attorney is guaranteeing the provider will be paid from the settlement. Make clear that the provider's bills become a lien on the settlement โ meaning the provider gets paid before the client receives their share. This is not "free" treatment; it is deferred payment funded by the case outcome.
Frequently Asked Questions
What is a letter of protection in personal injury?
Who sends a letter of protection?
Can a provider sell a lien created by an LOP?
Are letters of protection legally binding?
What is the difference between an LOP and a medical lien?
Related Terms
Medical Lien
A legal claim that gives a healthcare provider the right to be repaid from a personal injury settlement or verdict for treatment they provided to an injured patient. The provider treats the patient now and gets paid later when the case resolves.
Subrogation
The right of an insurance company to pursue a third party who caused the loss to recover the amount paid on a claim.
Contingency Fee
A fee arrangement where the attorney's payment is contingent upon winning the case. The attorney receives a percentage of the recovery, typically 33-40%, and no fee if the case is lost.
Lien
A legal claim against a settlement or judgment that must be paid before the injured party receives their money, typically held by medical providers or insurers.
Settlement
An agreement between parties to resolve a legal dispute without going to trial. Settlements typically involve the defendant paying the plaintiff an agreed-upon sum in exchange for dropping the lawsuit.
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