Order Allow,Deny Deny from all What is subrogation? | Jay Cooper Law Office

Attorney at Law since 1986

Florida Circuit Civil Mediator & Qualified Arbitrator


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Subrogation is the right of a company, or an individual, to recover expenses that it has paid out from an at fault party. The usual scenario that is presented is a patient or client has health insurance. The health insurance pays regardless of fault, for the client’s medical expenses. If it’s determined that there was negligence and somebody is responsible for the client’s injuries, then the health insurer becomes subrogated to recover its medical expenses out of the client’s settlement or judgement.

Health insurance companies and medicare are very aggressive about recovering the amounts that they have paid out on behalf of an injured person. In large part though, the subrogation liens, as we call them, are negotiable. If a insurance carrier pays out $100,000 in expenses on a client’s case, the lawyer may well be able to settle that subrogation lien for 50 cents on the dollar. I mean, no results are guaranteed, but one of the things that a trial lawyer does on behalf of his client, is to negotiate with those who hold subrogated interest, and that maximizes the client’s recovery.