The day you were injured due to the actions of another marked a turning point in your life. It has been a long, difficult journey since that day. Thanks to your attorney, you had someone looking out for your interests. The insurance company paid medical bills for your treatment, medications, hospitalization and physical therapy. You are focused on healing physically and mentally. A settlement was reached and monies awarded.
Although life as you knew it is over, you feel you can breathe a sigh of relief and start to move on. That’s when that second shoe drops. Subrogation. If you thought the nightmare was over, you were wrong. You are served notice that the insurance company that paid for your medical care is demanding repayment out of your settlement.
The literal definition of “subrogation”, according to Findlaw, is when a person or party stands in place of another “collateral source;” for example, an insurance company.
To protect your interests, your next move must be to retain the services of an expert Nashville personal injury attorney. The laws concerning subrogation in Tennessee are complex. The “made whole doctrine” has been in effect since 1971. There have been modifications proposed in recent years that are detailed in the Belmont Law Review. One article alone has more than 40 pages dedicated to the details of subrogation, the “made whole doctrine,” and possible modifications thereof.
How could this impact a possible division of your settlement amount? Is it possible to negotiate a reduced amount to be paid back to the insurance company? Has the settlement you received truly “made you whole”? These are important questions that can only be answered correctly and completely by someone who knows the law and how it applies to your individual case. If you have been approached by an insurance company in regards to subrogation, your immediate move must be to contact a personal injury attorney in Nashville TN who is experienced in such situations.
It would be a grave mistake to try to navigate the ins and outs of this area of the law that could reduce the settlement you were awarded. Have you been “made whole”? Are you really the same now as you were the day before the actions of another caused your injuries? Will reducing the amount of your settlement impact your ability to live without pain, to earn a living, to have a fulfilling life?
These are questions to ask yourself and to review with your Nashville personal injury attorney. You cannot afford to enter into this battle alone.