Gardberg & Kemmerly, P.C. Attorneys at Law

HOW SUBROGATION LIENS AFFECT YOUR PERSONAL INJURY CASE


If you are injured in an auto accident and it is another insured driver's fault, the good news is that you have the potential of recovering benefits from that driver's liability insurance policy. The bad news is that it may take months or even years before the checks are cut. In the meantime, many people in that situation must therefore rely on their own health insurance policies to pay for their medical bills. If you find yourself in this situation, it is important to remember that your health insurance company has rights of subrogation. Generally speaking, this means that your health insurance provider has the right to recover some or all of what it spends on your healthcare, which is related to the accident, from the proceeds of your claim against the defendant and any applicable insurance policies. You may also have to repay a health care provider directly if they have filed a lien against your lawsuit. In Alabama, this mechanism is generally only available to hospitals that treat you after the accident, but in other states, a statutory lien right may also be granted to other physicians and health care providers. It is important to make sure that you consider the interests of those who have subrogation rights before settling any claim. It is also important to remember that these subrogation interests and lien amounts are not set in stone. Your lawyer might be able to help you negotiate those amounts so that you can maximize your recovery.

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