Legal Question in Personal Injury in Wisconsin
I was injured in an auto accident, not seriously. The other driver was ticketed. Our car was totaled and spent some time in the emergency room. After I settle with the other guys insurance company do I have to pay back the insurance companies from the settlement I get? If so should I ask for double or triple what the bills were?
1 Answer from Attorneys
In Wisconsin, when health insurers and employers pay medical bills for someone injured due to negligent driving, they have their own independent right to sue the negligent driver in order to receive reimbursement. This is known as subrogation, and it is often a major obstacle to settling personal injury claims. Insurers therefore rarely settle without knowing that the health insurance claims are being paid out of the settlement, to the point that they will sometimes put the name of the health insurance company on the settlement check. An experienced personal injury lawyer will usually make sure that all of these arrangements are made for you, and may also get you a significantly larger gross settlement than you could get on your own, to the point where his fees are a small consideration. The amount which you should ask for depends upon many variables, such as your possible degree of partial fault in the accident, the amount of pain and suffering which you experienced, your lost wages and the possibility of permanent residual aftereffects from your injury. You should therefore at least consult with a lawyer. If the insurer has already made an offer to you, the attorney will probably not accept the case unless doing considerably better than the amount �on the table� is likely. My comments here are not legal advice, nor do they create an attorney client relationship between us. However, you are welcome to contact my office to discuss retaining me or to set up a free initial consultation at my office in Racine. I also can sometimes arrange to travel outside of Racine for initial consultations if absolutely necessary.