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Medical Payments / Subrogation

Even where someone has been injured because of the fault of another person, the injured victim's major medical insurance benefits, medical payments coverage under their auto policy, Medicare, or other (first party) health insurance benefits still provide coverage.

Some insurance carriers try to deny these claims...

Although some insurance carriers try to deny these claims, the fact that someone else is ultimately responsible for the injuries and damages suffered by the claimant, is no excuse for not paying the medical expenses as they are incurred. Obviously, any policy requirements of the victim's health insurance must be followed. 

Essentially the victim first obtains coverage and payment of medical expenses through their own first party health insurance benefits. However, the party who pays the victim's medical expenses has a right of subrogation against the ultimate tortfeasor

The personal injury attorney will handle the subrogation claim...

Why then if someone else is ultimately responsible for these medical expenses, should a victim present these bills to their own first party health insurance? For two reasons: 1) To have the bills paid now, because the ultimately responsible party will only pay the bills as part of the final resolution of the claim; and 2) the personal injury attorney will handle the subrogation claim of the first party health insurance company and obtain funds for them as part of the victim's settlement, and in the process, will most likely be able to negotiate a reduction of the amount originally paid by the first party insurance company.

Our law firm will resolve all medical liens
associated with any claim we are handling for a client.

What if an injured party does not have any first party health insurance to pay their medical expenses? Then the injured person must either pay the medical bills himself or request that the health care provider take a medical lien against the victim's claims against any tortfeasors. Our law firm will resolve all medical liens associated with any claim we are handling for a client. 

 

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Use our online consultation form or by e-mail.

                                                                              

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  R. F. Wittmeyer, Ltd.
1635 N. Arlington Heights Rd., Suite 104
Arlington Heights, Illinois 60004
(847) 577-1123
Fax (847) 577-2827
E-mail:  rfw@injurylawattys.com

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