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Home » Should I Tell My Personal Injury Attorney If My Medical Bills Are Being Paid By Medicare?

Should I Tell My Personal Injury Attorney If My Medical Bills Are Being Paid By Medicare?

September 4, 2012 by Louis Gertler Last Modified: October 28, 2025

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 for a free consultation.

About Louis Gertler

Louis L. Gertler, Esq. is a New Orleans attorney and partner at Gertler Law Firm. He represents individuals and families in civil matters involving serious injuries and wrongful death in Louisiana, including claims related to product incidents, medical care, and large-scale proceedings such as mass tort matters and class actions.

Louis earned his Juris Doctor from Tulane University Law School in 1994. He has been listed in The Best Lawyers in America since 2012 and was named Lawyer of the Year for Product Liability Litigation Plaintiffs in New Orleans in 2022, an honor based on peer review.

Louis approaches each matter with thorough preparation, careful review of the facts, and clear communication, helping clients understand the process and available options at each stage of the case.

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The material on this Personal Injury Website, managed and operated by Gertler Law Firm, is intended for informational purposes only. The material found on this Website is not intended to be, nor should it ever be interpreted as legal advice or opinion, and does not constitute an attorney – client relationship.

Disclaimer: Case results depend upon a variety of factors unique to each case. Indications of past case results do not guarantee or predict a similar result in future cases. Our New Orleans, Louisiana Injury Attorney Referral Program is in accordance with Rule 1.5(e) of the Louisiana Rules of Professional Conduct.

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  • Home
  • About Us
    • About the firm
    • Judge David Gertler
    • Attorney Louis Gertler
    • Attorney Mike Gertler
    • Attorney Josh Gertler
  • Practice Areas
    • Personal Injury & Accidents
      • Auto & Transportation Accidents
        • Car Accidents
        • Truck / 18-Wheeler Accidents
        • Motorcycle Accidents
        • Pedestrian Accidents
        • Uber / Lyft Accidents
        • Drunk Driving Accidents
        • Street Car / Public Transit Accidents
      • Slip & Fall / Premises Accidents
      • Dog Bites / Animal Attacks
      • Construction Accidents
      • Brain & Catastrophic Injuries
      • Wrongful Death
    • Product Liability & Mass Torts / Class Actions
      • Defective Products
      • Device / Implant Recall Claims
        • Defective Hip / Hip Replacement
        • Knee Replacement Recall
        • Shoulder Pain Pumps
        • Paragard IUD
      • Environmental / Toxic Exposure / Cancer
        • Mesothelioma / Asbestos
        • Roundup or similar herbicide / toxin claims
      • Class Action & Mass Torts
    • Medical Malpractice & Medical Injuries
      • Medical Malpractice
      • Birth Injuries
      • Dental Malpractice
      • Brain Injury
    • Elder Abuse & Premises Liability
      • Nursing Home Abuse / Neglect
      • Premises Liability
    • Wills, Successions & Estate Services
      • Louisiana Successions
      • Wills
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