personal injury lawyer from Rourke and Blumenthal explains why Ohio accident victims should understand
John Smith is in a car crash caused by an
uninsured driver. John is severely injured, with a badly broken leg and other injuries.
Fortunately, John has done many things right. He has a job that provides
health insurance and short term disability. As a result, his $90,000 in
medical bills are largely paid. He also receives 2/3 of his pay during
the 12 weeks that he missed work. Ultimately, John’s leg heals although
he is left with a permanent limp that will keep him from running or playing
most sports with his children. John also has Uninsured Motorist coverage
of $100,000 through has auto insurer that he has been paying for for 20 years.
John’s insurance company recognizes how badly he has been injured
and pays him the full $100,000.
Happy ending? Not so fast.
John receives a letter from a company representing his health insurer which
states that he is obligated to reimburse the insurance company for the
full $90,000 that it paid. He receives a letter from another company that
represents his disability insurer stating that he is obligated to reimburse
the company for the $5,000 that it paid him. John ends up with $5,000
to compensate him for a permanent injury that he will live with for the
rest of his life.
Is this outcome fair? No, but it is the reality here in Ohio.
Federal and State law have given many insurers an absolute right to recover
money that they paid if a third party was responsible for the injuries
and the injured person receives compensation from a third party for these
injuries. In addition, programs like Medicare, Workers’ Compensation,
Medicaid also have the right to be reimbursed in this situation. The term
often used for this right of reimbursement is “subrogation”.
Why Partner with a Personal Injury Lawyer?
We now find that, frequently, the real fight and need for strategy involves
dealing with insurers and governmental agencies after a settlement has
been reached. At
Rourke and Blumenthal, we know that we need to help our clients not only win a favorable settlement
or jury award, but we also need to help our clients protect as much of
their funds that they receive as possible from being paid over to insurance
companies or governmental agencies. We can help people like John Smith
receive a fairer share of their settlement funds. In fact, we start dealing
with these issues long before a settlement or trial occurs.
If you have been injured in an accident because of another's negligence,
contact us today to enjoy the highest quality legal representation. We will respond
to you within 24 hours, and promise you an opportunity to speak directly
to an attorney. Call 614-220-9200.