Pursuing Subrogation For Health, Disability And Workers’ Compensation Claims
Healthcare costs have skyrocketed in the last decade. In 2013 alone, the total national healthcare expenditure reached $2.9 trillion, according to the U.S. Centers for Disease Control and Prevention.
For insurers, coping with these increased costs requires multilayered strategies. Subrogation is one key area for recovering costs. However, few insurers are equipped with the resources and staff to devote time and proper resources to handling subrogation claims. Finding the right legal professionals to partner with you in this important area can make a significant impact on your financial recoveries.
Maximize Your Recovery
At Bratton Firm Subrogation Services, we have one goal: maximizing your recovery through comprehensive subrogation services. Our firm has the resources, technology and legal experience necessary for handling these claims.
We literally wrote the law on healthcare subrogation. The firm’s lead attorney, R. Louis Bratton, assisted in the drafting of the substantive provisions of the Texas healthcare subrogation law that went into effect in Texas in 2014.
The Key To Success In These Claims
Subrogation claims involving injuries, disabilities or workers’ compensation are fundamentally personal injury claims. As such, they should be handled by a lawyer.
Many large, national subrogation companies rely on computer programs and nonlegal analysts, with minimal involvement of attorneys. By partnering with us, you gain the best of both worlds:
- Cutting-edge technology for efficiently identifying claims
- A highly trained legal staff to conduct thorough investigations
- The leadership of an accomplished attorney and certified specialist in personal injury trial law through the Texas Board of Legal Specialization
- A proven record of results handling subrogation claims on behalf of clients nationwide
The Advantage Of Hiring Attorneys
We are the only vendor who uses attorneys to prosecute subrogation claims. If you are subject to the state or federal healthcare subrogation statutes, we can eliminate factors that deduct from your subrogation recoveries such as attorney’s fees or expenses from plaintiff’s attorneys. To the extent that you provide Medicaid benefits, our attorneys are available to fight reduction request under the U.S. Supreme Court’s opinion in Arkansas Department of Health & Human Services v. Ahlborn.
Our attorneys can prevent the factual misrepresentations and settlement manipulations attempted by plaintiff’s attorneys in all subrogation claims. These issues go unrecognized by traditional subrogation vendors who choose not to use experienced personal injury attorneys. Further, be advised that 20 percent of claims under $30,000 go unprosecuted by plaintiffs, because they know the defendant, have questionable immigration status or criminal issues. We prosecute those independently based on our personal injury prosecution experience.
To the extent that your subrogation rights are controlled by statute, you may be required to utilize the services of an attorney in your subrogation efforts. By not using an attorney, you sacrifice an additional 1/3 reduction in attorney’s fees from the already reduced statutory claim. In Texas, examples would be Texas Healthcare Subrogation Act, Chapter 140 Civil Practices and Remedies Code and Texas Worker’s Compensation Act, Provision 417.001 of the Labor Code, which mandate the use of attorneys on behalf of the payor. All states have similar acts for some form of subrogation. We successfully fight the imposition of attorney’s fees.
We regularly review and write health plan subrogation, assignment and reimbursement language necessary to comply with the Supreme Court’s Opinion in U.S. Airways v. McCutchen. We will review and make recommendations with regard to the subrogation language contained in any reinsurance policy purchased by you to cover catastrophic claims.