After an accident, you’re likely focused on recovering from your injuries – not worrying about insurance companies seeking repayment.
However, if your health insurance, Medicare, Medicaid, or another insurer fronted the bill for your medical treatment, you may encounter something called subrogation. While the term may sound intimidating, understanding how subrogation works can help you avoid any surprises during the settlement process.
Keep reading as our personal injury lawyers explain what subrogation is, how it can affect your compensation, and why working with an experienced personal injury attorney is essential to protecting your financial recovery. And if you’ve been injured, call on Hoffman Law Firm – we’re here to help.
What is Subrogation?
Subrogation is the legal right held by a third party that entitles them to some or all of the money you receive from your personal injury claim. For example, in a car accident, your health insurance may cover the cost of your medical bills. In this case, your insurer may have a right to recover those expenses from the at-fault driver, their insurance, or through you if you resolve the claim.
Subrogation can affect your settlement as it can impact how much of your compensation you actually take home – and how much has to go back to your insurer.
How Does Subrogation Work in a Personal Injury Claim? The Breakdown
Each personal injury lawsuit is unique, but there is a process for subrogation in a personal injury lawsuit. Here is an example of how that process could play out in a car accident claim:
Step One: Injury
You’re at a four-way-stop. It’s your turn to proceed, but a vehicle that failed to stop at the stop sign collides with your vehicle. This accident leaves you with a broken arm, minor abrasions, and a concussion, which all require medical treatment.
Step Two: Filing and Negotiations
After your accident, you can file a personal injury claim against the at-fault party to receive compensation for your injuries. In this case, it would be the person who failed to stop at the intersection. With the help of Hoffman Law Firm, our team can help you negotiate settlement terms to ensure you receive the compensation you deserve.
Step Three: Settlement and Subrogation
Once your claim has reached its end, your compensation is now yours, but not so fast! Your insurance company has filed a subrogation claim against your settlement. Now, you must pay out the insurer. This leaves you with less money than expected and more expenses than you were ready to incur for future damages.
How an Attorney for Personal Injury Near You Can Help
When you learn your insurance company has filed a subrogation claim against you, you do not have to panic and immediately pay them without taking the time to figure out what to do with a smaller settlement than anticipated. That’s where Hoffman Law Firm can help.
With an experienced personal injury attorney on your side, we can help you:
- Negotiate reductions with the insurance company
- Challenge exaggerated claims
- Utilize the “Made whole doctrine” – dictates that you must be fully compensated for all damages before your insurance company can seek repayment
Our team can help you navigate the complexities of subrogation and ensure that you get full and fair compensation for your current and future losses.
Seek Help from Hoffman Law Firm Today
When you’ve been injured, your personal injury settlement is a crucial piece in covering your medical expenses – and you deserve every penny of it. At Hoffman Law Firm, we’ll be here for you when you get that call from the insurance company, and we’ll fight to help you keep as much of your compensation as possible. Leave it to Hoffman.
With offices in Georgetown, SC, and Charleston, SC, our personal injury law firm supports accident victims throughout the Palmetto State. As the leading workers’ compensation lawyers in Charleston and Georgetown, we have established a reputation for success and exceptional service.
Schedule your free consultation today with a personal injury attorney in Charleston or Georgetown, SC, and we will take it from there.
Disclaimer: This content is for informational purposes only and is not legal advice. Reading this page does not create an attorney-client relationship. Every case is unique, and the application of subrogation laws depends on the specific facts and insurance policies involved. Attorney advertising. Past results do not guarantee future outcomes. Hoffman Law Firm is licensed to practice law in South Carolina.
