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What is a Subrogation Action?

On Behalf of | Apr 7, 2016 | Business Law

Perhaps you heard of subrogation in an injury case, and never asked what it meant. Or maybe you’ve never heard the term at all. Either way, if you’ve ever filed an injury claim or sued a third party for your injuries, subrogation is a part of the law that has benefitted you personally.

Subrogation is just the legal way of indicating that one party is standing in for another. Without subrogation, you couldn’t have insurance, because another party-the insurance company-would not legally be able to act in your interests.

Subrogation rights mean that when your attorney collects money from a third party-the party responsible for your injuries, the insurance company gets to keep what it has paid out in medical expenses. For example, if you were injured and the insurance company paid $15,000 to restore you to health, and then you won a claim against the person who injured you, you don’t get that $15,000. It goes to the insurance company that paid your medical costs. That’s subrogation.

A subrogation claim may affect your ability to settle a personal injury claim when there are additional parties-like insurers-involved. If you are the victim of an injury and multiple parties are making demands of your concerning subrogation rights, you need to contact an attorney familiar with West Virginia subrogation laws.

At Bouchillon, Crossan & Colburn, L.C., our attorneys have more than 40 years dedicated to giving clients the attention, advice, support and empowerment they need to effectively meet their goals. We are committed to the principle that all persons shall have equal justice under the law. If you or a loved one has been injured and is seeking a qualified personal injury attorney, contact our Huntington, West Virginia office to speak with an attorney about your case, or call 304-521-4636.