Subrogation in Personal Injury Claims

In the past, I’ve had many clients startled by the fact that their health insurance company  is seeking reimbursement for the care that they received after an accident. There seems  to be a lot of confusion surrounding subrogation in personal injury claims. That is why I  decided to create a blog post to inform clients about their rights when it comes to  subrogation in personal injury claims. If you suffered a serious injury, there is a good chance that you have started to rack up a lot of medical bills. Hopefully, you have good  health insurance that will cover you on those bills and you won’t have to pay a lot of money  out of pocket. If your health insurance company or Medicaid/Medicare provider paid for  your medical bills arising from a personal injury, they will likely want to be reimbursed if  you decide to file a personal injury lawsuit. This is done through a process called  subrogation. Instead of filing a lawsuit against the defendant, Medicare/Medicaid or your  health insurance provider will place a lien on your personal injury case and request that  you reimburse them once your case is settled.

What is Subrogation? 

If you’ve sustained a personal injury in the state of Florida and a third party such as a  health insurer paid for your medical treatment because of the injuries from that accident,  you may have to deal with the subrogation process. When you get a settlement from the at fault party, your health insurance company will want you to reimburse them for what  they paid. Unfortunately, subrogation essentially means that your health insurance  company can make a claim to get repaid for medical bills that they paid on your behalf. If  the claim is valid, it can dramatically eat into your portion of settlement dollars.  Subrogation rights come up in personal injury cases involving an automobile accident,  medical malpractice, slip and fall, dog bite, etc. In all personal injury cases, the injured  person is entitled to recover money damages from another person or company or  insurance company due to the negligence of the other person causing the injury. In many  cases, before that recovery becomes due, the injured party may collect compensation  from a health insurance provider, Medicare, Medicaid, or the like. These sources of funds  are commonly referred to as collateral sources under Florida personal injury law. The  question that I often get from clients is whether they need to reimburse Medicaid,  Medicare, and health insurance providers for funds received for their injury. The answer  is almost always yes. Subrogation is designed, in theory, to prevent a plaintiff from  collecting more than once for the same element of damages. In this blog post, we will  discuss subrogation in personal injury claims. 

Over 19 Years of Experience and Millions in Recoveries! 

Knowing the next steps to take after you or someone you love has been involved in a car  accident is key to protecting your legal rights to compensation. If you or someone you  love has been the victim of a car accident, we can help! The car accident attorneys at  Suarez and Montero understand that car accidents can have a huge impact on you and  your family. At the Law Offices of Suarez and Montero, you are never just another file or  claim to us—you are part of our family and your well-being is important to us! At Suarez  and Montero, our injury lawyers have a proven track record of success when it comes to  representing car accident victims involved in all types of accidents. Our accident lawyer miami work with investigators, witnesses, and experts to obtain all the essential details of any  accident to help put you in the best possible position to obtain compensation for your  injury and damages. Our attorneys are ready to provide proven legal representation in  pursuing your claim and stand ready to protect your rights. We are available 24/7 to give  you a free, no risk case consultation. 

We help clients throughout South Florida including those in the following areas: 

Miami-Dade: Aventura, Coral Gables, Doral, Fontainebleau, Hialeah, Homestead,  Kendall, Miami, Miami Beach, Miami Lakes, North Miami, Tamiami, and Westchester. 

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Jaime Suarez

An experienced legal personal injury defense professional in Miami, who is dedicated to helping accident victims with personal injury cases involving automobile accidents, brain and spinal cord injuries, slip and fall accidents, prescription errors, wrongful death, and accidents at work.