Will I Have to Pay Back My Insurance Company After My Injury Lawsuit?
As with so many legal questions, the answer is: It depends. Many of our clients’ health insurance carriers send notice following an injured patient’s treatment seeking to recover all or part of their expenses if a case is resolved in settlement or at trial. Some insurance carriers use third-party subrogation companies, like Rawlings, to try to claw back that money. Patients who are insured under Medicare or Medicaid are required to get a letter from those agencies setting out the treatment received and the amount the government needs to be repaid following resolution of the case. Suffice it to say that figuring out what is owed to insurance carriers and Medicare or Medicaid can get very complicated.
Trust a personal injury lawyer at Rhine Law Firm who understands the complicated laws in North Carolina regarding such repayment and can ensure that your insurer is not claiming repayment to which they are not entitled. We’re a national practice with a local presence, over 30 years of experience, and hundreds of millions won for our clients. Call today to schedule a free consultation.
Subrogation
Subrogation is when health insurance companies take money from a patient’s personal injury settlement or jury award to reimburse related medical expenses. Subrogation can mean that accident victims receive a much smaller percentage of a large award or settlement after deducting medical expenses.
Medical Liens
Medical providers, such as doctors, hospitals, and laboratories, may secure an interest in funds received in a settlement or award by filing a medical lien against the settlement or award. These liens require submission of all medical records and itemized bills to the plaintiff or their attorney, as well as providing a written notice of the amount.
Medical liens are generally filed when the plaintiff does not have medical insurance, or their healthcare costs were not paid. By statute in North Carolina, medical liens are not valid liens (although they may still be a collectible debt) if the medical provider charges for copies of the injured person’s medical records and bills. Our firm regularly works with medical providers to get liens and debt reduced for our clients.
How We Can Help
Insurance companies may use other tactics to save money. For example, rather than try to have medical payments subrogated, your insurer may not pay for medical expenses covered by your policy. This is where your attorney can help. No matter what type of health insurance you have, we will work to minimize the amount deducted from your settlement or award.
Contact a Wilmington Personal Injury Attorney for a Free Consultation
The most effective way to overcome a legal dilemma is to have a team of highly experienced, deeply knowledgeable Wilmington personal injury attorneys on your side. At Rhine Law Firm, P.C., our lawyers are determined to help clients achieve their goals.
If your insurance company is attempting to claim reimbursement, it is not owed by law; you need the services of an experienced personal injury lawyer. Schedule a free, no-obligation consultation today. Because we operate on a contingency basis, you pay no fee unless you receive compensation.
