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My Medical Bills Were Paid by My Insurance Company & Now They Want Part of My Personal Injury Settlement, Can They Do This?

My Medical Bills Were Paid by My Insurance Company & Now They Want Part of My Personal Injury Settlement, Can They Do This?

The simple answer is yes. However, an experienced personal injury attorney can guide you through this process to make sure that you do not make any more repayment than necessary. Here at theLaw Offices of Cohn & Swartzon we are well equipped to provide you guidance on this repayment process also known as: subrogation.


This is one of the most complicated and frustrating problems facing our clients. Also, it's not uncommon for personal injury attorneys to spend more time trying to resolve the subrogation interest than resolving the underlying case. So what is it? Generally, when an insurance company or other entity pays medical expenses on behalf of an injured person, the company or entity has a claim to be reimbursed for the payments they made if the injured party makes a recovery against a defendant. This interest may arise in almost any type of personal injury claim.

A subrogation claim may also arise from an injured person's own insurance policy. For instance, if personal injury claimants have health insurance or Medical Payments coverage on their automobile policies, those policies likely contain a contractual subrogation provision. Health insurance claims have their own set of complicated rules that depend on whether the insurance is offered as part of an employee benefit plan and whether the offered insurance is actually insurance or is merely a self-funded plan.


Like any situation where there is no clear set amount that should be paid, most all subrogation claims can be negotiated. Our experienced team will help our clients understand all of the following topics and how they can help in my subrogation claim:

  • "Made whole" doctrine
  • Common fund doctrine
  • ERISA subrogation liens
  • Medicare liens
  • Auto medical payments subrogation
  • Hospital liens
  • Ethical considerations for lawyers

We encourage you to bring your personal injury case to our accomplished attorneys at Cohn & Swartzon, regardless of the type of accident or injury you have suffered from. Contact us today and sign up for a free case evaluation!


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