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Diego: Hi Jason. I got hurt pretty bad in car accident and I’ve been using my medical insurance to pay the doctor’s bills. If I file a lawsuit, do I have to pay the insurance company back for my medical bills if I win?

Jason: That’s a great question Diego. If you were to file a lawsuit and win damages, your health insurance provider could ask for part of the settlement to cover these medical expenses.

Diego:  Is there a way to find out for sure?

Jason: In many cases, the contract you signed for coverage will have language in it stating that the insurance company can seek repayment if your injuries were caused by a negligent third party.

Diego: But what if I used my Medicare?

Jason:  In my experience, government-provided healthcare programs like Medicare and Medicaid do seek reimbursement. They can place what’s called a “super lien” on your claim.

Diego: What does that mean?

Jason: A super lien allows the government to garnish or otherwise seize your property if they send a notice and you do not pay.

Diego: Oh, I don’t want that to happen. So how would it work? Do I write the insurance company a check once I receive my settlement then?

Jason: If you are working with a reputable injury attorney, he or she should take care of this part. When a dollar amount is awarded, any liens are generally paid before you receive your money. However, if this doesn’t happen, even if you aren’t officially on the Medicare notice, with a super lien, the government can still go after you, the insurance company, and your lawyer for recovery.

Diego: Wow. Thanks for explaining that to me. Jason, I’m going to have a lot of medical bills. Do you think there would be any money left for anything else if I sue?

Jason: Diego, I haven’t seen all the details of your case, so I can’t say anything for certain. But what I can tell you is that you can file a lawsuit for more than just your past medical bills. Depending on the circumstances of your case, you could also be compensated for future medical treatments, lost wages, lost earning capacity, pain and suffering, or other types of damages.

Diego: Thank you Jason, I think I’m going to look into this.

Jason: You’re welcome.

DeSouza Law firm is a leading personal injury firm representing accident victims throughout Texas.


If you’ve been injured by a car, truck, 18-wheeler, company vehicle, or in the oilfield, call DeSouza injury Lawyers today at 361-799-2222 or visit the firm online at

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