Do I still have a claim if my medical bills were paid by insurance or Medicare/Medicaid?Often. In many cases you are entitled to be compensated for your medical bills regardless of whether or not they have been paid. However, your health insurance company and Medicare/Medicaid normally claim reimbursement from you if any of your compensation represents bills that the insurer or Medicare/Medicare has paid (Federal laws impose a Medicare and/or Medicaid lien on all injury-related cases involving a recovery from a third-party. This is called “subrogation.”) In addition to your medical expenses, you may be entitled to compensation for many other aspects of your harms and losses, such as by the immediate injuries (broken bones, brain damage, bedsores, death, etc.), problems caused by your immediate injuries (limited motion, scarring or disfigurement, decreased mental functioning, infections, etc.), consequences of the problems caused by your immediate injuries (missed work, lost income, loss of hobbies, loss of life, loss of ability to care for your children, etc.), and fixes/helps (surgery, pain medication, future loss income or medical expenses, counseling, etc.).
What is the value of my claim?The value of your claim depends on a wide variety of factors, such as the severity and permanency of your injury, the amount of your medical expenses, the liability of the defendant, and whether the case is to be tried or settled. It is impossible to estimate the value of a claim until the case has been fully investigated from all aspects, and sometimes its valuation may fluctuate depending on developments during the course of the litigation. You should be wary of anyone who tries to tell you the value of your claim at an early stage. After we have completed a thorough investigation of your case, we are in a position to offer you our opinion as to the value of your claim. If the insurance company offers to settle your claim, we will discuss the proposed settlement with you, and give you our advice about whether to accept the amount offered. Of course, the ultimate decision to accept an insurance company’s offer of settlement or to allow a jury to determine the value of your injuries is always up to you.