You are entitled to be "reimbursed" for your medical bills even if those bills have been paid by a health insurance plan and that you are entitled to "lost wages" even if you have sick days or receive worker's compensation benefits. Please keep in mind that the health insurance plan (check the plan documents carefully for subrogation rights) and the worker's compensation carrier (Texas statutory lien) will be entitled to subrogation rights and will receive their payments back.
When a jury determines your damages in a court of law Texas has a collateral source rule which prohibits the jury from hearing whether your medical bills have been (partially) paid by health insurance or whether you had sick leave or paid vacation to help get you through your injuries.
Many insurance adjusters feel this is a "double recovery." However, why should the person who hurt you get a reduction in what is owed because you have paid premiums for health insurance, carried and paid for personal injury protection under your automobile insurance policy or because you have accumulated sick days or paid vacation? If you use up your sick days because of harm the defendant did you, those days will not be available to you for other types of health problems. If you make monetary sacrifices to obtain health insurance, why should the defendant get the advantage of your sacrifices?
You can accept less than a fair settlement especially if you have subrogation liens to pay back. Do not accept anything less than a fair settlement because you were responsible enough to plan for sickness and injuries.
If you have any questions or are interested in a free consultation, please Contact Us!
