Wisconsin Law Allows Health Insurance Reimbursement From Injury Victim’s Settlement

Posted by rozeklawoffice on May 10, 2010 under General | Be the First to Comment

The legal term “subrogation” refers to the health insurance carrier’s right to get reimbursed for payments they made for an injured person’s health care, when that injured person recovers money from a third party.

The rationale behind subrogation is that if an injured person is allowed to recover all of his/her health care expenses from the at-fault insurance company, but those bills have already been paid by the injured person’s health insurance carrier, they are getting paid twice for the medical bills incurred in the accident, once by the at-fault insurance company and once by their health insurance company via payment of the medical bills.

Many states do not allow reimbursement to the health insurance carrier from injury victim’s settlements; however, Wisconsin law allows it. I strongly disagree with the concept that the health insurance be reimbursed. After all, why do we pay health insurance premiums? Wouldn’t this process just make the original payment by the health insurer a loan to the customer?

Luckily, there is an exception to subrogation in Wisconsin. If the injured person has not been made 100% whole from the settlement with the at-fault insurance company or from a jury verdict, then the health insurance company gets nothing. A good Wisconsin Personal Injury Attorney will be able to get the subrogated health insurance carriers to take substantial reductions with  the promise that they will receive nothing if the judge is convinced that the client did not recover 100% of their damages. These reductions always result in more recovery for the injury victim.

__________________________________________________________________________________________

For more information on Wisconsin Personal Injury Claims

Personal Injury? 5 Ways To Get Your Doctor’s Attention

Posted by rozeklawoffice on January 13, 2010 under Back Injury, General, Personal Injury Cases, Post-Traumatic Headache, RSD | CRPS, Traumatic Brain Injury, Vestibular Disorder, Whiplash Neck Injury | Be the First to Comment

Many doctors are not great listeners. Some may simply be too busy. Others may not want to get involved in a personal injury case. The bottom line is that many doctors fail to properly document their patients’ injuries. The following list provides some guidance on what to say to doctors in order to get their attention about your personal injuries:

1. Always use the word “new.” “…following the accident, I have a constant new pain…” A description of new pain since the accident, will usually lead the doctor to only one conclusion. The accident caused the new pain.
2. Pinpoint the location. “….at the base of my skull.…” The more precise you can be, the easier it will be for your doctor to make a diagnosis. Describing the exact location can also let your doctor know if it is time to refer to you a specialist.
3. Use strong adjectives. “….a stabbing pain…” The use of strong adjectives by a patient usually ends up in the medical records, which can be of great assistance later on.
4. Rate your symptoms. “…maybe a 6 out of 10…” This provides the doctor with some idea as to the severity of your pain. Later it can be used to determine improvement with treatment, i.e. a decrease in pain from a 9 to a 1 would show improvement.
5. Tell your doctor things you cannot do. If you “can’t lift your child” or you “can’t concentrate at work,” this informs your doctor that your injuries are affecting your life.

For more personal injury advise, order your free copy of the Wisconsin Personal Injury Claims Book.