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So I’m often asked from my clients, “I’m injured this week. Do I use my personal health insurance?” And
the answer is yes, almost always. So, if you’re injured in an auto
crash, truck crash, you have a slip-and-fall, you injured
yourself on a hole in someone’s property, you have a medical
malpractice claim, you have a products liability claim, all those
times you should use your personal health insurance. It’s what you pay for, and they can’t deny you even if it’s because
an auto claim or you injured yourself somewhere else. Now on-the- job is different, but you should use your health
insurance.
So, when you go to your primary care doctor, ER, urgent care, when you go to the specialist, the orthopedic doctors, the
physical therapists, the chiropractors, use your medical insurance. Your medical insurance is there to pay for that and
they will pay for all that care, and then many times they will want their money back and they will write to it back if
they’re a multistate plan under ERISA, which is the Employment Retirement Income Security Act of 1974 and that gives
them some duties, some what’s called the subrogation right or subrogation lien in your case, and we deal with those in
all kinds of cases, and part of my attorney’s fee is not only do I get as much money in the front end of the case from
the defendant as I can for you and insist on a 100% recovery. I also try to minimize the payment on the back end to the
lien holders.
So, what we do with those health insurance companies, we say, “Listen, you got a free lawyer to go out
and get this recovery back from this auto, from the lady who ran the red light and injured my client, so why don’t you
take a third off that bill?” We reduce the third of the payoff and we give all that money to you. We don’t charge
anything extra for that service.
So, use your health insurance. Be transparent to your insurance company. Tell them about the liens. Say, “Yep, Burger’s
representing me. Here’s his number. I do have claim,” and you let them talk to me. It’s important to get all of your
medical care and have it all paid for and then we’ll deal with the liens down the road.
If you have any questions about getting your health insurance to pay you or any other personal
injury question, call me at 314 542 2222 or www.burgerlaw.com. Thanks.
Founder | Injury Attorney
Gary Burger has dedicated his career to standing up against bullies. The founder and principal attorney of Burger Law | St. Louis Personal Injury Lawyer has helped hundreds of Missouri and Illinois individuals and families recover th …
Years of experience: 30 years
Location: St. Louis, MO
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This page has been written, edited, and reviewed by a team of legal writers following our comprehensive editorial guidelines. This page was approved by Founding Partner, Gary Burger who has more than 30 years of legal experience as a practicing personal injury trial attorney. Gary’s robust legal knowledge is recognized by his peers as demonstrated by his industry awards and frequent Continuing Legal Education (CLE) lectures.
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