In any personal injury settlement a client’s first question is how much of the settlement will go in my pocket? Hiring an excellent attorney to handle your claim is important but it is also important your attorney handle the resolution of everyone’s claim who has their hand out asking for a piece of your hard-won settlement or judgment.
An example, in Georgia medical insurers or benefit providers have a right to be reimbursed for the money they pay out to medical providers for your injury. In Georgia it is important to be aware of the “made whole doctrine”, O.C.G.A. 33-24-56.1. In short, recovering money is not enough for an insurance company to get a piece of your settlement. You have to be made whole, meaning you have recovered all your economic and noneconomic damages. If you did not get every dollar you lost by being injured than you should not have to pay the insurance company back. There are a few exceptions to this, for instance if you are insured under an ERISA insurance plan or a policy that is self-funded by your employer.
