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Liens & Assignments
Subrogation
The right of an insurer (such as a health plan) to be repaid from a settlement for medical costs it already covered.
Subrogation is the legal right of a party that has paid a loss — typically a health insurer, Medicare, or Medicaid — to recover that amount from the at-fault party's settlement. In a PI case, a subrogation claim competes with provider liens for the same pool of settlement money.
Why it complicates settlements. Subrogation claims stack alongside medical liens, attorney fees, and case costs. When the total exceeds the recovery, every claimant may face a reduction. Mapping all claims against the settlement up front prevents surprises at disbursement.
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