Our Personal Injury Practice - And the “Subrogation Wars”
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These days, a good part of our personal injury practice involves what can only be described as a full-scale war with health insurance companies (both governmental and private) who seek to take all of the settlement or verdict compensation from our clients to “reimburse” those insurance companies for what they call their “subrogation” rights.
These companies can claim that they must be reimbursed under federal or Ohio law because of the medical payments they made for our client under the health insurance policy the client had.
The problem is that (A) the client and our firm does all of the expense and work to get the proceeds and (B) often this leaves the client (who suffered the injury) with little or nothing for them for compensation.
Our office has to spend large amounts of time fighting these subrogation battles in order to ensure our clients get the compensation they deserve.
Having said that, given what we know about how the system works, we are often very successful in getting these subrogation something-for-nothings to significantly reduce their subrogation demands.
