Personal injury settlements are frequently encumbered by subrogation and reimbursement claims. These claims are for medical services that have been paid by some third party because of an accident or injury, malady who then expects to be reimbursed at the time of settlement. While personal injury claimants clearly benefit by having their medical bills paid, medications the corresponding price they pay is the requirement to satisfy any reimbursement claims when funds have been recovered from the negligent party or their insurance carrier. Since these third parties aggressively pursue their reimbursement rights, aggressive lien resolution is critical to maximizing a claimant’s personal injury settlement.
The claims that are asserted against personal injury settlements can come from number of different third parties such as Medicaid, Medicare, private health insurance, ERISA Plans, the Veterans Administration, TriCare, Hospitals, and other health care providers. The legal basis for these claims can vary widely, just as the injured person’s obligation to repay these claims can vary widely. Although these third parties often have little or no right to recover any funds from the settlement, they generally will not recognize their weak legal position unless they are properly confronted with valid arguments to reduce or waive their claims. Even in the face of valid legal arguments, it is sometimes necessary to challenge their recovery rights through the courts.
Staunton & Faglie, PL is extensively familiar with resolving subrogation and reimbursement claims. We understand that resolving liens can hamper the distribution of a settlement and that resolving subrogation claims can be the most critical step in maximizing a settlement.