Any New Orleans resident who is receiving Medicare and pursuing a personal injury claim should inform his or her attorney. Under federal law, Medicare has a right to recover any payments it made for medical treatment that arose from the personal injury accident. This includes the right to take a portion of the damages awarded in a personal injury lawsuit.
The rules surrounding the reporting requirements for a Medicare recipient who pursues a personal injury claim are very strict. Failure to notify Medicare and make sure it is reimbursed out of the personal injury award or settlement for any expenses it paid can have serious financial repercussions for both you and your attorney. Medicare is required to be reimbursed for its expenses within sixty days of receipt of any compensation in a personal injury case.
Neither you nor your attorney wants to pursue financial compensation only to see Medicare take most of it away. If you are receiving Medicare – or may soon be eligible to receive it – it is important that you communicate this information to your personal injury attorney so that action can be taken to protect your interests.
If you or a family member have been seriously injured in an accident and you are not sure how the medical bills will be paid, please feel free to call us at 504-581-6411 or 855-GERTLER for a free consultation.