What is Subrogation? Generally, it involves a right or claim by a third party (such as your health Insurance company, Medicare, Medicaid, etc.) to seek reimbursement from you of the money they paid on your behalf for your medical bills, out of your recovery. It is a complicated and ever-changing area of the law. Some subrogation interests may be reduced when you are represented by an attorney. It is important you understand how subrogation will effect your case and your recovery. We handle all of it for you as part of our representation.
Settlements. A settlement often involves an agreement between adverse parties to resolve or end your claim for a dollar amount, which in turn avoids the delay and uncertainty of trial. Although that may seem straightforward and simple, settlements and the accompanying documentation, can often be complicated. These agreements can involve issues of indemnity, confidentiality, subrogation, annuities, etc. You need help. You cannot do this on your own and get a fair result. If we do not obtain a fair and reasonable settlement for your case, we are prepared to take your case to trial.
When might my claim settle? Your claim may settle early, late, or even not at all. Each case is very different. Knowing when to settle your claim can be as important as knowing how much your claim is worth. It’s important to know the full extent of your injuries, your medical prognosis, and what future disabilities you may suffer, and for how long. Your injuries may be catastrophic, the degree and permanency of which may be difficult to fully appreciate early on. Settling your case too early may deprive you of full and just compensation for all of your injuries and damages you are entitled to recover. We are here to help you.
What is my claim worth? Insurance companies, even your own, are not your friend. They are in business to make a profit, which includes resolving claims for the smallest amount of money possible. You need skilled, experienced legal representation on your side. As with any dispute, you must evaluate who is at fault and why. In addition to knowing the liability facts and the extent of your injuries, and in order to properly evaluate your case, you must know your opponent’s case as well. As a former defense lawyer who use to work for insurance companies, I know how to defend a case and how to evaluate a case from the defense perspective. Far too often, claimants fail to fully appreciate the mitigating facts in their case, and lose their objectivity, until it is too late. We can aggressively advocate for the best possible resolution, while maintaining a proper perspective on the value of your case.
What is litigation? Litigation means an action or claim brought in court to enforce a particular right. This process is often initiated if the parties to the dispute are unable to settle the claim. Once your case is filed and the litigation process begins, various rules must be followed and a series of steps must be taken that may ultimately lead to a court trial. Once litigation begins, the parties usually engage in discovery, which allows each side to learn more about the opponents’ case. Most often, even after the litigation process begins, the Court will order parties to mediation, which is a process designed to allow the parties to come together to attempt to resolve their dispute before formal trial. We have over 45 years of combined experience in litigating cases in State and Federal Court, and will use that experience to obtain the best possible resolution we can for all of our clients.
