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Subrogation is an important concept to understand in a personal injury claim.  Subrogation literally means the substitution of one person for another in reference to a lawful claim.  An example in a personal injury claim would be as follows:  You are injured in a car accident.  You get medical treatment from a chiropractor and massage therapist.  Your car insurance pays your medical bills weekly while you are being treated, even though you were not at fault for the accident.  At the end of your case, when your attorney recovers your medical bills and other damages from the insurance company of the negligent party, your insurance company requests repayment of those monies used to pay your bills.  They are asserting a subrogation interest.

Washington case law, such as Mahler v. Szucs, is our state's leading case on the issue.  The question is, who should get the windfall - you or the insurance company?  Essentially, the case allows attorney's fees to be collected proportionate to the amount you had to pay in order to recover.

Categories: Personal Injury

Posted By Rick Park on April 11, 2010 12:12 pm | Permalink 
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