Subrogation

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How is Subrogation Used in Personal Injury Law?

Subrogation can mean many things in personal injury law. In many cases, subrogation is used to help insurance companies recover monetary amounts they paid out when another party was at fault. Subrogation can happen when the injury victim makes a claim to their own insurance company, then adds those claims to their losses when filing a claim against the at-fault party.

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When is Subrogation Used in the Legal Process?

Subrogation is used after an insurance company has paid out for medical bills or property damage and finds that a third party was liable. You may hear about subrogation while discussing negotiations with your personal injury attorney or after a final settlement amount is agreed upon. Insurance companies can put a lien on your settlement that requires you to pay out to the insurance company, should they find that you received double recovery. However, your personal injury attorney may be able to negotiate with your insurance company to reduce this lien or show that you were not double paid for the same losses.

Is Subrogation Used in Kentucky Personal Injury Law?

Yes. In Kentucky, the plaintiff or their legal team must notify any party who may have subrogation rights via certified mail. Additionally, “The notification shall state that a failure to assert subrogation rights by intervention, pursuant to Kentucky Civil Rule 24, will result in a loss of those rights with respect to any final award received by the plaintiff as a result of the action.”

Is Subrogation Used in Tennessee Personal Injury Law?

Yes. In Tennessee, “The subrogation right attaches automatically as a lien against any proceeds received by the plan participant from a third-party tortfeasor for the cost of care or treatment for any injury or illness caused by the third-party tortfeasor for which medical payment is provided,” according to Justia.

How Does Hughes & Coleman Injury Lawyers Use Subrogation?

Because subrogation can be difficult to understand and a fluid process that varies from case to case, we ensure that our clients understand what happens when their insurance company utilizes subrogation. If there is a lien against your settlement, we discuss it with you to ensure that you understand your rights and what you can expect from a personal injury settlement.

Lee Coleman

ATTORNEY, MANAGING PARTNER, & CO-FOUNDER

Mr. Coleman is now the Managing Partner and majority owner of Hughes and Coleman Injury Lawyers, a firm he co-founded in 1985 with J. Marshall Hughes. The firm has grown for over 40 years, and we currently have over 30 attorneys and multiple offices across Kentucky and Tennessee, as well as an affiliate firm in Albuquerque, New Mexico.

Mr. Coleman’s efforts and accomplishments have been widely recognized, including being named as a Kentucky Super Lawyer in Personal Injury since 2012, and being awarded an AV Rating, the highest rating given, by the nation’s preeminent Attorney Rating service, Martindale- Hubbell®.

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Frequently Asked Questions About Subrogation

Is pain and suffering subject to subrogation?

No. Your insurance company can seek subrogation only for bills that they paid, and dollar amounts they paid out. In a personal injury case in which a plaintiff seeks pain and suffering, their own insurance company doesn’t pay it out if a third-party is at-fault.

How does subrogation affect the policy holder?

Depending on whether your insurance company is going after the third party insurance company or you, subrogation can affect the injured party in different ways. Should your insurance company get repaid by the third-party insurer, you may see deductible reimbursement. However, if your personal injury case is extended, you may need your insurance company to handle some of your medical bills until your case is settled. If this is the case, you may see that your final settlement or the final award has a lien against it until your insurance company gets reimbursed for what it has already paid out.