Subrogation in Personal Injury Claims

Beth Janicek

Attorney
(866) 735-1102 Ext 395

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Subrogation is a difficult concept for most people to understand.  Essentially, it allows for the health insurance company to recoup funds they have paid when the person is injured by a third party.  In my office, we work diligently for our clients on this issue.  I think my clients are always surprised to hear that their health insurance company is going to be able to take a portion of their recovery.  They often feel it is unfair since had they not brought the claim then the insurance company would not have recovered anything.  We have found that most of the health insurance companies are willing to work with us on these claims.  Medicare and Medicaid who are also entitled to be reimbursed for bills they have paid on a claim are more difficult to deal with.

Judy Kostura is probably the most knowledgeable attorney in Texas on the issue of subrogation.  She explains the issue in the following article:

http://www.statesman.com/opinion/content/editorial/stories/04/16/0417kostura_edit.html