Reasons Why You May Not Get the Full Amount of Your Personal Injury Settlement
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When you do not fully understand the small print in a personal injury claim form, you might wonder why you are not entitled to the full amount of a personal injury claim. The truth is, the other entities that paid for some of your medical bills, such as Medicare and the health insurance firm are sometimes entitled to reimbursement. Still, you may be able to get the maximum compensation, if you consult with an experienced personal injury lawyer such as those at Ellis Injury Law.
Understand the right of subrogation by the health insurance company
Health insurance is a type of contract, which includes a lien subrogation right for the insurance company. Specific situations require the application of this right. For instance, your injury was due to another person, in which case recovery of your medical bills will come from a third party. In this case, your insurance company, under the policy terms, is entitled to recoup the amount it advanced to pay the bills for that same injury.
It is unfortunate that most injury victims do not know of the right of subrogation. They often thought that agreeing to a personal injury settlement entitles them to the full amount that will be paid, which they can use for their current medical expenses. In many instances most, if not all of the settlement money will have to be handed back to their health insurance firm.
People having Veteran’s Administration, Medi-Cal or Medicaid and Medicare insurance should be aware of the lien of these government insurance providers. They are more tricky than private health insurance policies. They also have a right of subrogation when they pay for any medical treatment of an insured person that was caused by a third party.
A Medicare lien for a personal injury care is quite tedious and involves an intensive amount of factual information. It requires careful scrutiny to ensure that all the Medicare charges included are truly related to the personal injury it has paid for. The status of the payment should be followed closely as well, as you can be charged with penalties and interest if the lien is not paid on time. Under federal law, the first priority is to pay the lien for veteran’s benefits before any other government health insurance.
Why you need a personal injury lawyer
Many people are not aware of the effect a subrogation lien will have on their medical settlement. You need a dedicated injury lawyer to handle such matters as they have the necessary skills to talk with Medicare and insurance company representatives for a better personal injury settlement that will favor you. An experienced personal injury lawyer in Los Angeles has the capability to potentially negotiate for payment of a lower lien so that you will get a bigger amount of the actual settlement payment.
If you are in need of a personal injury attorney in California, then the Law Office Of Tawni Takagi is the lawyer to contact. She and her law firm can be reached at http://www.losangelesinjurygroup.com or you can call her directly at the following number (310) 954-7248.