Avoiding Reimbursement to Health Insurance Carrier

You should be aware that if your medical bills or wage benefits were paid by health insurance, disability insurance or an employer’s health plan, the insurance company or plan may want you to reimburse it out of any personal injury recovery. Your insurance policy typically has a clause that can allow for the insurance company to hire lawyers to make the claims for reimbursement or “subrogation.” It is usually controlled by the insurance policy or by a federal law called ERISA (The Employee Retirement Income Security Act of 1974). Your attorney must understand the implications of ERISA on your case because sometimes your insurance company wants and can try to get the entire settlement or verdict. There are ways your attorney can protect your money. But your attorney had better be extremely familiar with ERISA.
 
We handle ERISA cases and know how to protect your settlement or verdict.  There are certain things the insurance company must do and documents it must provide before it can validly claim reimbursement, of any money it paid on your behalf, from your settlement or verdict. Even if it turns out money has to be reimbursed to your insurance company, we can usually get your insurance company to agree to be a reduced amount.