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Can a health care insurer be repaid from a personal injury settlement?

Yes, this is quite a common scenario. Most health insurance policies have “subrogation” language that allows the insurance company to be repaid for the amount paid out on medical bills if the insured person receives money as part of a personal injury settlement. Varying states have varying laws dealing with this issue. In theory, the person is not allowed to (recover twice); i.e. once from the at fault party and once from the health insurer.

The law essentially holds that a tort victim is entitled to be made whole or put back to where they were before the injury. Nevertheless, in Maryland for example, a Maryland Accident Lawyer may be able to obtain a statutory reduction in the amount of your lien when you settle your case. Additionally, depending on the terms of your settlement, a lawyer may be able to, in some circumstances, negotiate with the lienholder to obtain reductions in the amount owed. As many factors go into lien reductions and each case is unique, you will need to contact a lawyer in your state to find out if you are eligible for a lien reduction.

PLEASE NOTE: Materials are NOT Legal Advice or Legal Opinions – All material located on the Sites, in podcasts, blogs, Faqs and/or social media forums is prepared for a general audience for general informational purposes only. It is not legal advice or a legal opinion. Its sole purpose is to better educate you about a variety of general legal issues so that you become more educated consumers of legal services. While Gordon Feinblatt tries to provide accurate information on the Sites, the law changes quickly. Therefore information contained on the Sites may not reflect the most current interpretation or be complete. Many factors go into the decision-making process of selecting a lawyer and everyone’s needs differ. Moreover, although the specific facts of your matter may seem similar to those of others, they are actually quite different; the law may apply differently or not at all to your situation. Therefore, you should not rely upon or take any action with respect to your specific, personal legal matters based on information contained on the Sites. The Sites are provided “AS IS” and Gordon Feinblatt is not responsible for any action you do or do not take in reliance on any materials on the Sites. Information provided on the Sites should never be a substitute for consulting with a lawyer.

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