Personal Injury Claim Pitfall Subrogation

Following an injury or loss of life resulting from a workplace
accident, automobile accident, medical malpractice, or other such
incident, the injured party may attempt to obtain fair and full
compensation from the wrongdoer for costs incurred as a result of
the injuries. If and when the injured party receives a
settlement, that individual’s insurance company demands its
money back first, to recoup its costs in paying the medical bills of
the injured party. This concept is called subrogation, and it occurs
regardless of whether the injured party is made whole.
Trial lawyers support efforts to protect families against greedy
insurance companies.

In N. Buckeye EducationCouncil Group Benefits Plan
v. Lawson (2004), the OhioSupreme Court, in a 4-3
decision, allowed health insurance companies to
continue to write their form contracts so that the
companies are fully reimbursed first, before the
injured person can collect one penny and regardless of
whether the end result to thevictim was fair.
Under the Lawson decision, the industry doubles its
revenue by collecting premiums from all insured
individuals and claiming all of the compensation granted
to an injured individual. It allows insurance companies
to take every dollar that an injured person receives from
any settlement, putting their profits ahead of injured
individuals.
The Lawson decisionoverturned 125 years of
legal history holding that it was against
Ohio’s public policy to rant insurance
companies first priorityover the victim,
especially when the victim is not made
whole; that is to say, notfairly or fully
compensated.

House Bill 555, sponsored by Rep. Scott Oelslager (RCanton),
will level the playing field between injured victims
and insurance companies by establishing fairness and equity.
House Bill 555 establishes a pro-rata formula for subrogated
claims. This formula is modeled after the effective workers’
compensation statute, which passed with bipartisan support
in the 124th General Assembly.

This solution will ensure that both the victim and the insurance
company negotiate a fair division of the recovery, rather than
allow the insurance company to receive everything.

A skilled lawyer can still make arguements that can potetially lower the amount you have to repay your medical insurer. But if you deal with the insurance company for the person that caused your injury by yourself their is high likelihood you will have to pay the whole amount back.

If you would like more information contact Anthony Castelli Attorney for a free no obligation consultation. 621-2345 www.castellilaw.com