Many Ohioans do not realize that their health and auto insurance companies have a right to recoup any medical bills that they have paid relating to their personal injury cases. This right that the insurance company has to recoup all medical bills paid is called a subrogation claim.
In order to ensure a successful settlement for our personal injury clients, it is important that we substantially reduce the amount of money our clients have to pay back to their health insurance and automobile insurance companies. It is extremely important that we successfully communicate with these carriers and aggressively negotiate these claims.
We always join the automobile insurance company and health insurance company and make them Defendants in a personal injury lawsuit. By joining them in the lawsuit, this puts pressure on the health insurance and automobile insurance companies because it requires them to spend money on the case to hire an attorney and be involved in all stages of the litigation.
If there are weaknesses in our client’s damage case, we always disclose those weaknesses to these insurance carriers. In particular, if there are injuries that are difficult to claim or unrelated to the accident, we always require that these carriers remove these medical bills from their summary.
If liability is disputed, we always advise the carrier of any recent settlement offers and give a summary of all damages. Taking advantage of a proximate cause problem is also something we also try to do. If a pre-existing medical condition, a subsequent or prior incident, injury, or illness exists that affects causation in our case, we will send the carrier a letter that explains why proximate cause is an issue in the case.
To argue for a full subrogation wavier or reduction, we make every possible argument that the negligent defendant would have made in the case. Furthermore, we always issue copies of all medical reports from our treating physicians discussing a pre-existing problem, preceding or subsequent injury, illnesses, or any other medical problems affecting causation. We additionally attach copies of any defense medical examination reports.
Still Wondering about a Claim?
If you would like to discuss your situation, you can always reach out to us at The Law Office of Tom Somos, LLC.