Can You File A Lawsuit For An Injury In Buffalo If The Medical Bills Are Being Paid By Health Insurance?

by Friedman & Ranzenhofer, PC on November 21, 2014

in Buffalo Injury Questions and Answers

When someone suffers a personal injury in Buffalo due to another person’s negligence, the fact that his or her medical expenses may be paid by some form of health insurance is not usually a bar to pursuing a personal injury claim against the negligent party. It is important, however, to let your personal injury lawyer know about your insurance coverage, as certain types of coverage may have an impact on your case.

This is most likely to happen in cases where Medicare has been involved in payment of medical expenses. In New York State, health insurers generally may not seek to be reimbursed for medical expenses out of an injured party’s personal injury settlement. Medicare, however, is an exception to this general rule.

When Medicare has paid for medical treatment related to a personal injury accident and the injured person recovers damages from the negligent party, Medicare is entitled to reimbursement for those medical expenses. It is very important that you let your personal injury attorney know if you are receiving Medicare, because there can be very serious penalties if you make a personal injury claim and fail to inform Medicare of any damages you recover.

Aside from Medicare, there are also certain health insurance plans administered under the federal Employee Retirement Income Security Act (ERISA) where the health insurer is able to recover expenses in a similar fashion. While this does not mean you cannot pursue a personal injury claim, it is important for your personal injury lawyer to know about this insurance so that any potential reimbursement can be considered when pursuing damages.

If you need the help of an experienced personal injury lawyer who understands how insurance can impact your case, we can be reached at 716-631-9999.

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