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What is subrogation and what does it mean for my personal injury recovery?

The potential value of your case depends on many different factors. There is no minimum or maximum settlement amount or amount that you can recover in a court verdict.

Instead, the value of your personal injury case depends on many factors, including the nature and extent of the injury, the amount of economic damages (such as lost wages and medical bills), and the amount of time the injury is expected to last.

Additionally, the amount of your settlement or verdict that you take home is dependent on whether there are any insurers, assistance programs, or others who have paid some of your accident-related bills and who have a legal right to compensation.

Paying Back Your Medical Bills

Sometimes the medical bills that you incur as a result of your personal injury accident are paid through your health insurance, auto insurance, or a medical assistance program such as Medicare. It makes sense for these insurance companies or assistance programs to cover your costs so that you can get medical care as soon as possible.

However, when you receive a settlement or a court verdict in your personal injury case then the insurance company or the assistance program is going to want to be repaid.

This Is Known as Subrogation

Subrogation simply means substitution of one person for another. For example, after a personal injury accident a health insurer is thought to stand in the shoes of an injured person and may, therefore, demand repayment of the money that it spent on medical bills on your behalf.

The insurer or assistance program that paid the medical bills is often referred to as a collateral source, and a collateral source is typically entitled to reimbursement for what it paid.

Worried About Paying a Subrogated Claim?

If an insurance company notifies your attorney of a subrogated claim then your attorney is obligated to repay them out of your settlement money. However, your attorney still represents you and not the party seeking reimbursement.

There are situations where an experienced personal injury attorney can help you either get subrogated amounts reduced, or eliminated altogether through skilled negotiations. Hiring a lawyer who has experience dealing with the complexity of subrogation is very important and can maximize your recovery at the time of settlement. Accordingly, we encourage you to contact us as soon as possible to learn more about how a personal injury case works and about how to protect your recovery.

Contact us online or call us directly at 800.800.5678.

Jason F. Abraham
Managing Partner, Hupy and Abraham

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