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Why Does My Attorney Want To Know If I Am Receiving Medicare Payments?

New Orleans personal injury lawsuits can become complicated when medical payments are being made by government-run programs or even, in some cases, private health insurers. This is because, in many cases, these parties may have a right to full – or at least partial – reimbursement for any payments made to treat injuries for a plaintiff in a personal injury lawsuit.

As a result, the agency or agencies covering medical expenses will usually want to be apprised of any resolution of the personal injury lawsuit so that they can ensure that their rights are not compromised. Further complicating such matters are several issues, including what rights does the particular agency possess, its influence over resolving the lawsuit, and the fact that the circumstances under which it is entitled to full or partial compensation may vary greatly from agency to agency.

Dealing with Medicare can be particularly important. This federal program is designed to be the payer of last resort. Both federal law and internal Medicare regulations require that the parties to a lawsuit take certain steps to make sure that both past and future medical payments related to the personal injury lawsuit are paid for out of any damages awarded before Medicare is asked to pay.

If Medicare’s rights are not protected, Medicare may seek compensation from not only the injured person, but also any insurance company involved and even the attorneys in the lawsuit. As a result, defendants in lawsuits where a Medicare recipient has been injured often will require some assurance that Medicare has been informed of the injury, and that its rights have been protected, prior to agreeing to any settlement.

Your personal injury attorney does not want to resolve your case only to have much of your compensation taken from you as reimbursement for past medical payments. While this may sometimes be unavoidable, an awareness of what agencies may hold such claims can assist your attorney in determining how best to proceed with your case.

If you have suffered a personal injury, please feel free to call us at 504-581-6411 or 855-GERTLER. We would be happy to help.