Medicaid and Medicare Payments In Personal Injury Lawsuits.

June 10, 2013

Buffalo personal injury cases can become complicated when medical payments are being made by government run programs. This is because these agencies may have a right to full – or at least partial – reimbursement of any payments they made for injuries that were caused by the personal injury accident.

As a result, any government agencies that paid medical expenses will usually want to be informed when the personal injury case is concluded so they can determine if they are owed any money.  There can be serious penalties to everyone involved if the parties do not inform a government agency when required.  To make sure this happens, it is important that the injured person tell his or her personal injury lawyer about all government programs that may be providing them with assistance.

Dealing with these government agencies can become very complicated.  What rights the agency possesses, how much it may involve itself in resolving the personal injury case, and the circumstances under which it receives full or partial reimbursement varies greatly from one agency to the next.  For example, Medicaid has different rights than Medicare when it comes to how much reimbursement they may receive and is more likely to reduce the amount it is seeking if the value of the personal injury case is low.

Your personal injury attorney does not want to resolve your case only to have a large portion 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 personal injury attorney in trying to obtain the most compensation for you.

If you have suffered a personal injury and have any questions, please feel free to call us at 716-400-0000.  We would be happy to help.