How will my settlement be affected by my health insurance coverage?

If you are in Massachusetts and have been injured due to the negligence or fault of someone else, you may be entitled to compensation under personal injury law. This compensation may include financial awards for medical costs, lost wages, and other expenses. Your settlement in a personal injury case may be affected by your health insurance coverage, as you will likely need to reimburse your health insurance carrier for the funds they have already paid out for your medical expenses. This reimbursement would come out of any settlement you receive, meaning you will receive a reduced settlement if you have used health insurance to cover your medical costs. In addition, your health insurance policy may contain a provision known as a ‘subrogation clause’ which gives it the right to claim the amount it has paid out from any settlement or court award. If this applies to your policy, then you may need to make additional reimbursements to your health insurer. Your settlement may also be reduced by any amount of money you have contributed to your health insurance premiums. Under Massachusetts law, any compensation you receive from a personal injury settlement must be used to pay for any medical costs resulting from the injury. Therefore, if you have already used part of your settlement to pay your health insurance premiums, the remainder of the settlement may be reduced correspondingly. Finally, if you have a health savings account (HSA) or any other form of medical savings plan, your settlement may need to be divided between the HSA and the other costs related to the personal injury case. The specific rules for these cases differ from state to state, so it is important to speak to an experienced personal injury attorney to understand how your settlement may be affected by your health insurance coverage.

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How will my settlement be affected by my health insurance coverage?

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