Medical Lien Litigation

Practice Areas: Medical Lien Litigation

When individuals are injured by another’s negligence, the courts are here to make sure the at-fault person or company pays for the injury that they caused. However, the courts are notoriously slow and the process often takes years. In the meantime, the individual who was injured needs medical care, oftentimes a great deal of care. Surgeries, lengthy admissions to the hospital, and rehabilitations are all incredibly expensive. Hopefully the injured person has health insurance and if so their insurer will be there to ensure the necessary medical treatment is paid for. When the at-fault person pays for the injuries he caused, he pays for a number of damages, including the pain and suffering caused, loss of income, future medical care, and past medical care. That past medical care which is recovered was previously paid for by the medical insurance company, and normally that medical insurer has a contractual right to be reimbursed from the proceeds that the tortfeasor paid. Alternatively, normally the medical insurer has a subrogation right against the tortfeasor.

Navigating these reimbursement and subrogation rights is filled with pitfalls in Florida. If the insurer is not careful, there are a number of ways they can inadvertently waive their rights. Reimbursement rights also vary widely depending upon the type of health insurance policy that is in place.

In this boutique area of our practice, we help those medical insurers recover as much of what they paid as they are legally entitled to. It is important that these issues are handled by someone with the particular knowledge and experience in the practice area, and at Bear Legal Solutions we provide that to you along with our commitment to personalized care for each case.