Wednesday, January 2, 2008

Subrogation Interests...Money Money Money

Questions about subrogation come up in personal injury cases all the time. Subrogation means taking the place of another with respect to a claim or lawful right. Here's the most common example in my practice: My client is hit by another driver who isn't watching where he/she is going and some of my client's medical expenses are paid by her health insurance company. Well, my client has a right to sue the person who hit her for pain and suffering as well as economic damages, like lost wages. Her insurance company has a right of subrogation, that is, the company also has a right to sue the person who hit my client to recover the money they laid out.

What most good lawyers do in order to put a little extra money in their client's pockets is talk to the health insurance company and agree to get their money for them if they'll give a small discount back to the client. If they are owed five thousand and agree to accept four, then I've just helped my client to another stack of money for very little additional work on my part. Subrogation interests are an essential part of the personal injury practice, and injured people should talk to their lawyers to understand how this process works.

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