What is Subrogation and How Can It Affect an Ohio Personal Injury Claim?

Posted by Lowe Eklund Wakefield Co., LPA on Jan 8, 2016 10:35:17 PM

What is Subrogation?

In the context of Ohio personal injury claims, subrogation is the right of a business or individual to recoup, from a settlement or judgment, money that was paid to or on behalf of a personal injury victim. A subrogation right may be established by law or by contract. Though subrogation issues may arise in a variety of contexts, personal injury claims frequently involve the subrogation rights of insurer.

How Does Subrogation Work?

Following an accident or injury, the injured parties may receive insurance benefits for the treatment of injuries or for property damage. For example, an individual who is injured in an automobile accident may require a stay in the hospital, and that stay may be covered by his health insurance. If the insurance provider believes that they have a subrogation right, they may notify the injured individual that they believe they have a claim to any funds recovered in a settlement or legal proceeding by the injured party for the expense of treatment.

The idea underlying subrogation is that if an injured party has an expense covered by an insurer then he effectively would be able to recover twice for the same injury if he were able to both claim the insurance benefit and recover a settlement or judgment for the covered expense. Theoretically, preventing a double recovery should allow an injured party to receive only the compensation necessary to rectify the actual damages suffered.

Ohio Subrogation Issues Require the Help of an Experienced Attorney

Whether a right of subrogation is claimed by law or by contract, there are many complex legal issues that can arise in a personal injury settlement. An experienced Ohio personal injury attorney can assist injured individuals in determining whether a subrogation right actually exists, and whether principles of contract or equity may protect a negligence victim’s right to receive a greater share of any recovery. An effective Ohio personal injury attorney can protect the rights of those who have suffered, and negotiate with insurers and other entities to ensure that the injured party achieves the best result possible.

If you or a loved one have suffered a personal injury as the result of a motor vehicle accident, medical malpractice, or negligence, call an Ohio personal injury lawyer at Lowe Eklund Wakefield Co., LPA to discuss your case.

Topics: legal basics