Should you Accept the Insurance Company's First Offer?

Will my health insurance take all of my Florida personal injury settlement?

Posted by Guy DiMartino | Jun 02, 2014 | 0 Comments

Will my health insurance take all of my Florida personal injury settlement?

This is a very complicated question and it has developed a niche area of practice where law firms only deal with insurance companies. Generally, if your health insurance has paid money for hospital or medical expenses it will have a right of reimbursement. If you have a personal health insurance or small business plan, the insurance company will usually deal with you at the end of your case.  The complication comes in if the Group Plan is a self-insured plan under a federal law called ERISA. Some examples of group plans covered under ERISA are large employers like (Publix, UPS, Southwest Airlines, Large Banks). In these situations the plan can receive all the money that it had paid out even if it is more than the amount of the settlement.

The United States Supreme Court has not helped injured folks with these issues.  How the health insurance is going to react and respond to the injured person's personal injury claim is something that needs to be looked at and discussed early on in your case.  Sometimes, it is best just to walk away from the claim if the ERISA carrier is going to be jerky, otherwise all the injury victim and their attorney is is a collection agent for the health insurance company.

If you have any questions about how your health insurance will impact a Florida personal injury claim, you can call me directly on my cell at (352) 267-9168. .

About the Author

Guy DiMartino

I have loved helping people in need for almost three decades.  It has been my privilege to serve people as their pastor, chiropractor, and lawyer.  The current focus of my legal practice and life’s passion is helping the seriously injured receive complete compensation for their injuries. I am a Florida Board Certified Civil Trial Attorney. What that really means is that I am no stranger to the courtroom.  I have successfully tried and handled serious cases in state and federal courts.  My backgrounds in both law and chiropractic medicine have given me a unique perspective, extensive knowledge, and wide experience to serve those I represent. For years as a chiropractic physician, I treated my patients to alleviate their pain and suffering. Now as their lawyer, I fight to bring them financial compensation for their pain and suffering. During my years of service, I have handled many traumatic injury cases ranging from the traumatic amputation of a limb to brain and spinal cord injury.  I consider it an honor to serve you and your family. When a person entrusts me and I accept to represent them, I don’t take that relationship and responsibility lightly. My approach is that we work as a team. We are partners and our goal is the best outcome for you and your family with the highest level of communication throughout. I am always available by phone or email to discuss my potential representation of your injury case. I handle cases throughout Florida. Education: National University of Health Sciences – BS (1984), DC (1986) Valparaiso University School of Law – JD, summa cum laude (1999) Bar Admissions: Florida (2000), Indiana (1999), Illinois (2000, expired); US District Courts of Appeals (11th Circuit, 7th Circuit); United States District Courts: Southern and Middle Districts of Florida; Northern and Southern Districts of Indiana; Northern and Central Districts of Illinois; and District of Colorado. Certification:  Civil Trial, Florida Bar Guy DiMartino on Google+ – Circle Guy on Google+ Guy DiMartino on Google+


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