Help! Subrogation Claim info needed!

[admin]

Hi, We are having a settlement mtg. this week and I have barely found out that our insurance company not only holds the right to collect past money on claims paid, but holds the right to take a lien on the settlement for future claims to be paid. With our state cap, the settlement off will already be somewhat low. I'm very concerned, after paying the lawyer, med. expenses (subrogation of past claims), & legal expenses, my child will hardly have any money, and then be denied of future health coverage. Does anyone have experience with this. Can you get around paying future expenses related to the injury out of pocket if you don't get a big enough settlement. If not, what is the use of even trying to settle? Any info would be appreciated. Thanks.

[m&mmom]

When we settled we did not have anything put aside for future medical. The judge that we had also didn't look kindly on that kind of thing. After settlement was over Matthew did end up with a very nice amount in a structured annuity. We have had to pay some out of pocket expense since settlement and it's just something we have to do.

Cindy

[phaliscak]

We had the same thing happen to us. In fact if we lost the case the insurance company not only didn't get reembursed, but they had to continue coverage. That was the driving force in taking it to a verdict and not settleing. We needed to decide how much would be worth to loose coverage. Good luck deciding.

Patty

[admin]

That just doesn't sound right. Gosh, how are they allowed to do it! All the protection going to the med mal insurance companies and the doctors, but what about these poor innocent children? Just so wrong! Can your attorney help in any way? Can you hold out for more money? Is your case really strong?

We did not have this to deal with. I would be upset too.

[admin]

Thanks for the replies so far. Our lawyer is trying to negotiatiate w/the ins. company, but he says we may have to switch ins. companies if we can to avoid paying future claims and a lien against a settlement. This leads into, legally can we do this? Also, will another insurance company hold us liable, or will they still accept her as a claimant? I am doing some research, but haven't gotten any answers and our conference is right arounf the corner. Even if we hold out for trial, we will still be in the same boat with the ins. company and we are risking a potential jury verdict???? I'm so stressed about this, I feel like I don't know what is the best decision to make. Thanks. Sorry I have to remain anonymous for this.

[sharlon]

we recently settled our case and the insurance carrier settled for just over 10% of the actual amount of the payout. i think it is all negotiable hold tight until you get the figure before making a decision