When your health insurer pays for treatment after an injury caused by someone else, it often has a right to be repaid from any settlement you recover — that right is called subrogation. The same applies to government programs and some medical providers via liens.
What Subrogation Means
Ignoring these rights can create serious problems after settlement.
Texas Rules That Can Reduce the Claim
Texas applies rules that can limit what an insurer recovers, including the 'made-whole' doctrine and the common-fund doctrine, which can require the insurer to share in attorney fees. ERISA plans follow federal rules that differ from ordinary policies.
A skilled attorney negotiates these liens down, often substantially increasing the client's net recovery.
Protecting Your Net Recovery
A free review can help you understand how subrogation and liens will affect what you keep.
Have questions about your own situation? Get a free, confidential case review. You pay no fee unless you win. Call 973-566-5599.
This article is for general informational purposes only and is not legal advice. For guidance on your specific situation, consult a licensed Texas attorney.