Navigating Subrogation ClaimsLast updated on: May 15, 2013
Navigating Subrogation Claims
With the advent of modern health insurance and government benefits programs, a new issue has been injected into personal injury cases: the Subrogation Claim.
Government assistance programs like Medicare and Medicaid have a statutorily-granted right to be reimbursed for money they pay to medical providers out of an injury victim’s settlement proceeds. Similarly, most modern health insurance policies have a contractual right to be reimbursed for the medical expenses it finances for their insured.
Fortunately, there are several legal principles that work in an injury victim’s favor when dealing with a subrogation claimant. For example, Texas law says that a victim of personal injury must be fully made “whole” in being compensated for their injury before these entities have a right to recover. Furthermore, often times, where a third-party has a right to be reimbursed, they must discount the personal injury victim’s attorney’s fees and expenses. Based on these principles, and others like them, a good personal injury attorney is able to negotiate down the amount of money subrogation claimants seek to be reimbursed.
The important point for a victim of personal injury to remember is that they should make sure their attorney is one that will deal with the subrogation claims before accepting a settlement. Not all lawyers or law firms are willing to do this, because it does not always increase the attorney’s fee they can take on the case. However, from a personal injury victim’s perspective, it is critical, because it affects the amount remaining for you at the end of the claim.
At Zinda Law Group, our personal injury attorneys will always address the subrogation claims relevant to your settlement, because we want to get you the best result possible. If you have more questions about a possible subrogation claim, call our office.