Pursuing Subrogation For Health, Disability And Workers' Compensation Claims

Health care costs have skyrocketed in the last decade. In 2013 alone, the total national health care expenditure reached $2.9 trillion, according to the U.S. Centers for Disease Control and Prevention.

For insurers, coping with these increased costs requires multilayered strategies. Subrogation is one key area for recovering costs. However, few insurers are equipped with the resources and staff to devote to handling subrogation claims. Finding the right legal professionals to partner with you in this important area can make a significant impact on your financial recoveries.

Maximize Your Recovery

At Bratton Firm Subrogation Services, we have one goal: maximizing your recovery through comprehensive subrogation services. Our firm has the resources, technology and legal experience necessary for handling these claims.

We literally wrote the law on health care subrogation. The firm's lead attorney, Louis Bratton, assisted in the drafting of the substantive provisions of the Texas health care subrogation law that went into effect in 2014.

The Key To Success In These Claims

Subrogation claims involving injuries, disabilities or workers' compensation are fundamentally personal injury claims. As such, they should be handled by a lawyer.

Many large, national subrogation companies rely on computer programs and nonlegal analysts, with minimal involvement of attorneys. By partnering with us, you gain the best of both worlds:

  • Cutting-edge technology for efficiently identifying claims
  • A highly trained legal staff to conduct thorough investigations
  • The leadership of an accomplished attorney and certified specialist in personal injury trial law through the Texas Board of Legal Specialization
  • A proven record of results handling subrogation claims on behalf of clients statewide

The Advantage Of Hiring Attorneys

We are the only vendor that uses attorneys to prosecute subrogation claims. To the extent that any of your products are subject to the state or federal health care subrogation statutes, our services can be utilized to reduce or eliminate claims for attorney's fees and expenses by plaintiff's attorneys to be deducted from subrogation claim. To the extent that you provide Medicaid benefits, our attorneys are available to fight reduction request under the U.S. Supreme Court's opinion in Arkansas Department of Health & Human Services v. Ahlborn.

Our attorneys can prevent the factual misrepresentations and settlement manipulations attempted by plaintiff's attorneys in all subrogation claims. These issues go unrecognized by traditional subrogation vendors who choose not to use experienced personal injury attorneys. Further, be advised that 20 percent of claims under $30,000 go unprosecuted by plaintiffs, because they know the defendant, have questionable immigration status or criminal issues. We prosecute those independently based on our personal injury prosecution experience.

To the extent that your subrogation rights are controlled by statute, you may be required to utilize the services of an attorney in your subrogation efforts. In Texas, examples would be Texas Healthcare Subrogation Act, Chapter 140 Civil Practices and Remedies Code and Texas Worker's Compensation Act, Provision 417.001 of the Labor Code, which mandate the use of attorneys on behalf of the payor. All states have similar acts for some form of subrogation.

We regularly review and write health plan subrogation, assignment and reimbursement language necessary to comply with the Supreme Court's Opinion in U.S. Airways v. McCutchen. We will review and make recommendations with regard to the subrogation language contained in any reinsurance policy purchased by you to cover catastrophic claims.

We offer contingency fee representation so you don't have to bear any risk.

Based in Austin, Texas, we represent insurers and health plans nationwide. Our firm also manages hospital lien programs, ensuring full and swift collections. Learn more by calling our office at 512-477-8772 or reaching out to us online.