If you go to the doctor or emergency room, you will probably be asked if you were injured in an accident and if you are involved in legal action. You might ask, “Why does it matter?” You are there for medical treatment, not a research project.
Here is the reason why.
You don’t get to keep all the money awarded in an injury lawsuit. The reason you get the money is often to make you whole … meaning to get you back to the way you were. It is not winning the lottery.
The Alabama courts have determined that your health insurance company, which paid for your recovery, should be paid back by the person who injured you. This in the law is called subrogation.
Subrogation is based on the principle that you should not collect twice for your injury. For example, you should not be paid the money to cover your medical bills, from your own health insurance company, and then be paid again, from the insurance company of the person that hurt you, to cover those same bills.
Now there are ways to reduce that payback. For one, the court has said that your insurance company should pay their share of legal fees. Also, and this is what really surprises many of my clients, I can often negotiate what your insurance company will accept.
Now, not all subrogation is handled by the Alabama courts. If you are covered by a group plan, that is often federal court territory and those negotiations can be very difficult.
If you have questions especially about injury law including car wrecks, slip and fall and wrongful death, you can talk with the lawyers at Eiland and Ritchie for free. There is no cost until we collect for you. We want to help you get back on your feet.
Personal Injury Attorney