Insurance companies want someone else to pay for the loss. / Las compañías de seguros quieren que alguien más pague por la pérdida.

Have you ever received a letter or call from your medical insurance provider after an ER or doctor’s visit? If you have and you are like me, you wondered why in the world it matters why you were treated; they are your insurance company and you needed treatment so they should just pay it. I really did not understand why they asked until I started working at this firm. It’s not as though they really explain it to you. The insurance company will usually call as ask questions such as were you injured, where did the injury occur, who was at fault, is there an attorney involved, is there a lawsuit, etc. So here is why they want to know. They will pay for your treatment but if there is a resource they can get reimbursed from, they are going to want that money. So, if you have an attorney, they will send your attorney a lien against the proceeds of the case. When the case nears settlement, they will provide a final lien for the funds they paid on your behalf. The law states that they can only recover a portion of the funds they paid out. The Common Fund Doctrine provides a limit to what an insurance company can recover from the plaintiff’s settlement. The insurance company would not have been reimbursed the funds if not for the plaintiff obtaining a settlement from the at-fault party; therefore, the insurance company is essentially paying the plaintiff for getting their money back for them.

One benefit to having an attorney help you handle your personal injury or medical malpractice case is that you do not have to figure out who has to be paid and your attorney can usually work with the providers to get your bills reduced. Let us help you figure out all the important details and you worry about getting better. Call the Law Office of Keith Short at 618-254-0055.