When you need to take legal action to get compensation for an injury, you probably have a lot of questions about what you will be able to recover. People are often curious about whether health insurance to pay for some of your medical expenses will affect the outcome of the claim. Here is some of the most important information that you need to know about your compensation when you have health insurance.
All of Your Medical Expenses Are Recoverable
In a personal injury case, you can collect all of the costs associated with your medical treatment. This applies to both expenses that insurance paid for as well as non-covered costs that you had to pay for such as copayments or a deductible.
Even if you did not have to pay out of pocket for treatments such as a surgery or medications, you can still recoup those costs. However, an insurer may have the right to collect the value of any claims that it paid.
Your Health Insurance Provider May Become Involved in Your Claim
Insurance providers may try to obtain some or all what they paid for your treatment in a personal injury case. It is common for insurance policies to contain a clause entitling them to reimbursement of any costs that the company paid from a personal injury award. In fact, you may receive a letter from an insurer asking you about the details of your injury and inquiring if there is any pending legal action against the responsible party. The insurer may then make a subrogation claim when you file your claim in court.
Some states have laws limiting health insurance companies’ ability to pursue subrogation in an individual’s lawsuit. Your legal counsel can advise you about the laws regulating subrogation in your jurisdiction.
You May Have Additional Damages
Not all of the damages that you need to recover in a personal injury claim are related to your medical expenses. You may need compensation for your lost wages while you were recovering from your injury. If your injury is permanently disabling, you may need compensation for your future lost wages.
You may also be able to seek damages for your pain and suffering. Likewise, many people experience intense shock and distress in the aftermath of an injury. When your injury results in a mental health problem requiring clinical treatment, you may have the right to damages for your emotional distress.