Sometimes resolving a medical malpractice or other claim for damages arising from personal injuries is only half the battle. Often the injured person has significant medical expenses due to the negligence of the defendant, and usually the entity that paid for those medical bills wants to be repaid in whole or in part.

This asserted right is called a right of subrogation, and depending on the intransigence of the entity asserting it, can be a barrier even to settlement itself.

See a previous post by Gene Moen on subrogation here:

[Subrogation Claims][1]

If no repayment agreement can be reached, unfortunately the insurance plan can sue the injured person to recover these medical expenses. Here is one such example:

[Suit disputes Oregon’s claim in malpractice award][2]

It is impossible to know why the parties in this case couldn’t resolve their differences, resulting in this lawsuit. But it serves as a reminder to any injured person with significant past medical expenses considering filing a personal injury claim that his or her insurance company will, sometimes very aggressively, attempt to recover the money they paid.

[1]: https://cmglaw.com//blog/2013/04/subrogation_claims/ “Subrogation Claims”
[2]: http://www.seattlepi.com/news/crime/article/Suit-disputes-Oregon-s-claim-in-malpractice-award-4913800.php “Suit disputes Oregon’s claim in malpractice award”