Legal Question in Personal Injury in Florida
Settlement Question
My wife & I were involved in an auto accident and there were injuries involved requiring medical attention and surgery.
We settled with the other parties insurance company and my wife's employer has indicated that their insurance carrier is requesting we pay for the medical costs because we settled.
Is this allowed? Must the settlement money be used to pay medical expenses? Is this money not used in consideration for pain & suffering? Is there a breakdown for how the settlemtn money is to be used?
Thank you
2 Answers from Attorneys
Re: Settlement Question
You need to communicate with the law firm who represented you in the settlement.
Re: Settlement Question
I agree that you should contact your personal injury attorney, assuming you used one. You should also be aware that, many times, health insurers have a contractual right to be reimbursed for benefits paid, and that it is common to assert such recovery rights against the settlement proceeds. If the party asserting the recovery right is your wife's healthcare insurer, she should review the language of the contract to understand the recovery provisions. Many times, insurers are willing to compromise (i.e. negotiate) their contractual liens.
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