Healthcare & Disability
The Key to Success in These Claims
Every health or disability plan should have third-party recovery contractual provisions allowing for subrogation, assignment and reimbursement under circumstances where the plan participant has a personal injury claim. When the plan participant is injured by a third party and health or disability benefits are provided as a result of those injuries, the plan is entitled to be reimbursed out of the plan participant's personal injury claim.
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Subrogation claims involving injuries and disabilities are essentially personal injury cases. These types of claims should be handled by a skilled attorney who understands the complexities of personal injury law. You cannot afford to let these claims be handled by staff at third-party claims administrators who lack the legal expertise needed to identify, investigate, and pursue third-party recovery claims effectively. Large, national subrogation companies typically rely on computer programs and non-legal analysts, and attorney involvement in prosecuting these claims.
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When you partner with The Bratton Firm's Subrogation Services, you get the best of both worlds:
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Cutting-edge technology for efficiently identifying potential subrogation claims
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A highly trained legal team that conducts thorough, detailed investigations
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The leadership of an accomplished attorney and certified specialist in personal injury trial law through the Texas Board of Legal Specialization
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A proven track record handling subrogation claims nationwide
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Specialized Expertise in Subrogation
We regularly review and draft health plan subrogation, assignment, and reimbursement language to ensure compliance with landmark cases, such as U.S. Airways v. McCutchen. We also evaluate and provide recommendations for subrogation language in reinsurance policies, especially those that cover catastrophic claims.​
Subrogation claims represent a significant source of recovery for insurers, health plans, and providers. However, successfully identifying and pursuing these claims can be challenging. Choosing the right partner to manage your subrogation claims is critical—and The Bratton Firm offers the expertise needed for success.
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40%
Approximately up to 40% of subrogation claims experience fraud or misrepresentation by claimants or their attorneys, which can reduce recovery or make pursuing the claim more difficult.
-National Insurance Crime Bureau (NICB)
Why Attorneys Make the Difference
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We are one of the few firms that uses experienced attorneys to prosecute subrogation claims. If your claim is governed by state or federal healthcare subrogation statutes, having an attorney on your side can eliminate potential reductions in your recovery, such as plaintiff’s attorney fees.
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Your insured's attorney will likely attempt to misrepresent facts or manipulate settlements to reduce or eliminate your subrogation claim. That’s why you need an attorney—at no additional cost—to protect your interests and prevent these tactics. Our team’s expertise in personal injury law ensures that we can identify and counter these manipulations to maximize your recovery.
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Traditional subrogation vendors—who often rely on non-legal staff—are unaware of how they are being misled or pressured into accepting less than they are entitled to. At The Bratton Firm, we ensure your claims are handled by attorneys who know how to investigate thoroughly and prosecute aggressively.
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Additionally, studies show that 20% of subrogation claims under $30,000 go unprosecuted by plaintiffs due to factors like personal relationships, immigration status, or criminal issues. We take on these claims independently, using our personal injury prosecution experience to secure results.
Subrogation Across States & Plans
Subrogation laws differ from state to state, and failure to have an attorney represent your interests can result in a reduced recovery due to attorney fees and expenses.
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For example, in Texas, under Chapter 140 of the Civil Practice and Remedies Code (Sections 5 and 7), a health plan must have an attorney to pursue a subrogation claim. If not, the plan risks paying a portion of the recovery toward the plan beneficiary’s legal fees and expenses.
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More importantly, each of your insureds is likely represented by an attorney trained in strategies designed to reduce or eliminate your subrogation interest. You need an experienced attorney on your team to protect your rights and maximize your recovery.
Experience that Works for You
We represent a diverse range of health and disability benefit providers—whether private, governmental, or pooled plans—and apply the same high level of care and expertise to each. Our subrogation practice serves clients nationwide, helping to secure recoveries for payers and providers of all kinds. To learn how we can help you protect your subrogation rights and recover more, contact us today.​
Contact
1100 B. Guadalupe Street
Austin, TX 78701
