Posted On: February 20, 2012 by Baker Associates

Insurance Subrogation in Car Wreck Cases

For an individual who has been injured in an automobile accident, recovery alone often seems like an overwhelming task. In many cases, the last thing such an individual wants to do is to haggle with the insurance company to receive fair compensation for his or her injuries. Very often, insurance companies seemingly refuse to pay a fair amount for an individual's medical expenses alone, much less factoring in the pain and suffering that the individual has undergone as a result.

In many cases, the hassle doesn't stop with the insurance company responsible for compensating the plaintiff. Frequently, the plaintiff's own health insurance, whether it be Medicare, TennCare, or a private carrier, will have paid medical bills for the plaintiff and will be entitled to compensation, known as subrogation, out of any proceeds of the lawsuit. While this sometimes works in the plaintiff's favor by allowing them to receive medical care they may be otherwise unable to afford, it also presents the risk to the plaintiff that the insurance carrier will attempt to assert a subrogation interest in the lawsuit proceeds for medical treatment provided that is not actually related to the accident. Resolving such issues can present plaintiffs with a great deal of stress and consume time that could be better spent recovering from injury.

While many individuals prefer to try to negotiate with insurance companies on their own prior to filing a personal injury lawsuit, such an endeavor can prove to be overwhelming. The skilled and experienced personal injury attorneys at Baker Associates can begin working with you at the earliest stages of your case to aggressively and effectively pursue a fair and favorable resolution to your claim. If you have a wrongful death, car wreck, workers' compensation, or any other type of personal injury claim, contact the dedicated trial attorneys at Baker Associates today for a free consultation.

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