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Medicare and Personal Injury Lawsuits: Can Medicare Take Your Entire Settlement?
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Medicare and Personal Injury Lawsuits: Can Medicare Take Your Entire Settlement?

Medicare and Personal Injury Lawsuits: Can Medicare Take Your Entire Settlement?

If you have been injured in a car accident or other type of personal injury accident, and you are receiving Medicare, you might wonder what the rights are of Medicare to keep a portion of any settlement or judgment you receive for your injury. After all, why would you want to go through with a personal injury case if you will not get anything out of it?

The short answer is this: While Medicare might be eligible for some of your award, there are federal regulations that impact (and limit, to some extent) the amount that Medicare can recover from your settlement or lawsuit. Keep reading to learn more and then contact The Law Offices of Larry H. Parker at 602-340-0030 for a free legal consultation.

Medicare’s Rights to Recover from Your Settlement

Medicare does have the right to recover certain sums that it has paid out for your medical bills if you recover damages for those injuries. However, there are rules including the consideration of fairness in allocating proceeds. In the average situation, Medicare will get 50% of the net payment after litigation costs and attorney’s fees have been paid.

This is good news for you because if you suffer a catastrophic injury and Medicare pays a $300,000 bill, but you are only able to recover $100,000 from the at-fault party due to their insurance maximums, then you can rest assured that Medicare is not able to get the entirety of your settlement, even though they paid significantly more than what you have received.

How Much Will You Have to Pay Medicare?

As mentioned above, this is largely dependent on what they paid for your treatment. Medicare is required to notify you of how much it has paid on your behalf and you should receive this information within 120 days of the date you filed your claim. You should also be receiving updates if they continue to pay for treatment.

In most cases, when it comes time to pay your personal injury attorney can negotiate a reduction in Medicare’s claim in exchange for you paying Medicare promptly to resolve the claim. If you and/or your attorney feel that Medicare will not make a fair settlement, you can appeal the amount Medicare is attempting to require you to pay. Your Riverside attorney will help you with that process.

Call Today for a Free Legal Consultation

There is no reason to wait to call The Law Offices of Larry H. Parker. We are standing by and ready to help you move forward. Call us today at 602-340-0030 to request a free legal consultation. We can let you know what your best options are.

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