Personal injury victims are loosing their hard earned compensation to their medical insurers. If you are injured by the fault of another and you get compensation you may end up having to pay it all to your medical insurer. This is because medical insurers put clauses in the insurance contract that says that if they pay medical bills for an injury and you receive compensation for it from the person who caused your injury then you have to pay the medical insurer back.
This can lead to the totally unfair result where the injured party does the work to hire an attorney and gets an award but may still end up with nothing because their medical insurer gets to be paid back everything they expended for your treatment.
A case in point is Deborah Shank who was severe;y injured by a trucking company. Aftr legal expenses and attorneys fees were paid there was $417,000 left that was put in a trust for her future needs. Wonderful Walmart, her employer that provided the insurance, sued to take it all and won.
There are many variables that determine whether the insurance company must be paid back fully or partially. So get a good lawyer that knows the arguements to fight with these health insurance comapnies. Although in many states and in federal cases it may be up to the legislature to change the laws so injury victims can keep a fair amount of compensation. However a vigourous defense can often cause the insurer to take substantially less than what was paid.
by Anthony Castelli personal injury attorney www.castellilaw.com
