17 Search Results for subrogation

August 17, 2014 at 6:06 pm

A Personal View of How to Find the Best Lawyer

..., there are private insurance, Workers Compensation, Medicare, or Medicaid subrogation claims. “Subrogation” means that the carrier can deman to be paid back when the claimant recovers from the “at fault party”. Negotiating and paying subrogation claims, and keeping the claimant from losing “means-tested” benefits can be highly technical and time consuming, and when done well, it can save the claimants thousands of dollars. The “tortfeasor’s” carr...

January 24, 2018 at 9:43 pm

A Personal Injury Glossary: Negligence, Insurance, and the Rest

...are recovering your entire claim. Often a good attorney will negotiate the subrogation claim as part of the global negotiations, so the carrier and the client each get a fair proportion. 12. The Employment Retiree Income Security Act (1974), “E.R.I.S.A”: is a federal law that governs many retirement plans and medical insurance plans. It can be very difficult to negotiate with an E.R.I.S.A. plan representative. Likewise with Workers’ Compensation o...

March 29, 2010 at 8:30 pm

West Virginia Auto Insurance Coverages

...ance carrier, you have an obligation to reimburse your “innocent” carrier. Subrogation can be thought of as “substitution”. The carrier “stands in your shoes” for the value of its “subrogation claim”. Since WV follows the “made whole doctrine”, often you can compromise such claims. That is where a good lawyer comes in handy! 6. Personal and Commercial Umbrella’s: You can get much larger coverages which serve as an “umbrella” over your other covera...

July 31, 2011 at 3:37 pm

Dear Personal Injury Client: Points to Remember

...part of this back, since your carrier stands in your shoes here and has a SUBROGATION CLAIM. Where one company covered both sides, we sometimes can get the subrogation claim waived, but that’s too iffy to discuss here. c. If the person who hit you has little or no liability coverage, they may be facing criminal charges, BUT you must pray that the “full coverage” you thought you had protects you with: 1. Uninsured Motorist coverage (U.M.). 2. Unde...

December 13, 2016 at 12:12 am

I Want to be your Personal Injury Lawyer because…

...fees o$33,000 to $40,000, costs of $25,000, and medical insurance company subrogation claims of $20,000, netting just $15,000 to the client. Or; Or, an $80,000 recovery can take just six months, with a 20% fee, $1000 in expenses, and subrogation costs of $14,000, netting the client $50,000. Here the client gets more, and the lawyer gets less, but both are satisfied because they get it sooner. An experienced lawyer, in a clear fault case; Will foc...

May 20, 2020 at 9:17 pm

Auto Insurance Roulette: Is is Worth the Gamble?

...half million dollar claim maxes out at $50,000, with $250,000 in insurance subrogation claims looming to take most of that. And, that client must contest with other injured passengers over the $25,000 per-person liability limig. With luck, she might get to keep $10,000 of her half-million-dollar claim. The guy with $25,000 in medical bills, who checked the, “I don’t want underinsured coverage” box on his policy application will soon learn that the...

August 14, 2012 at 7:09 pm

Practical Tips For Lawyers 8-14-2012

...imits”, and I ask my client’s carrier for permission to settle. They have “subrogation rights”, but most of my party defendants with small limits have small assets. We alert the under-insured carrier (my client’s insurance company) that a “U.I.M.” claim is coming, settle the direct liability claim, work to limit the amount paid to subrogated carriers, and focus on reaching the undersinsured (U.I.M) limits too. That can make a $45,000 settlement be...

April 17, 2020 at 12:21 pm

THE AGONY OF AN ACCIDENTAL INJURY and PICKING UP THE PHONE TO CALL A LAWYER

...s and instructed them to accept the card. They want the dollar-for-dollar reimbursement that a cash settlement may provide, but that settlement may be contested or it may be months away. Your insurance is your insurance! Use it! Your lawyer will help you deal with your medical insurance providers’ “subrogation claim” later, often with a large compromise of their total claim. The savings can go into your posket. You need someone you can trust and l...

May 3, 2016 at 9:06 pm

It Is Six Months After My Rear End Collison: What Should I Do?

...ehead, for $80,000 cash and a waiver of the non-fault insurance carrier’s “subrogation claim”. What does that mean? It means instead of 1/3rd , my fee is just 1/5th of any sums received. That’s $12,500 instead of $20,000, the “standard fee” of many lawyers in our area. It can be 1/4th if we first argue over liability. It may be 1/3rd if a suit has to be filed. But, many cases can be resolved because fault is clear, and the insurance company ready...

January 22, 2016 at 10:20 pm

An Article to Bookmark: Until Your World Comes Crashing Down

...ys from Burt Hunter. When the time for recovery has come, we attend to the subrogation claims and unpaid expenses, we look at the possibility of a “structured settlement”. When it is an infant’s settlement, we consider a structured settlement, or something called a special needs trust which can help a recipient of avoid losing eligibility for means tested benefits. Where a financial advisor is needed, we are happy to make a referral. It is always...