Wrongful death suits may need to account for Medicare

On behalf of Aiken and Aiken P.C. Personal Injury Attorneys posted in Wrongful Death, on Monday, January 4, 2016

Those filing Massachusetts wrongful death lawsuits in pursuit of damages may need to consider the type of suit they file and how it relates to Medicare. In cases where a deceased person received Medicare-covered medical treatment after sustaining the injuries that eventually claimed their lives, the Medicare payments may have been classified as conditional. If the at-fault party’s insurer subsequently pays for these expenses, Medicare can demand its share of the payment. Multiple cases in different states reveal that distinctions in lawsuits and the type of laws that govern them affect how Medicare liens are paid. In Illinois, an appeals court found that depending on whether a suit falls under the state’s Wrongful Death Act or its Survival Act, only certain damages are recoverable from an ensuing settlement. Similarly, a Florida court determined that survival act claims were liable to cover Medicare liens. Some wrongful death claims may seek compensation for damages sustained by injured parties up until the time they died, such as Medicare-covered medical expenses. Legal analysts further maintain that it’s wise for the party that settles to determine whether they need to include Medicare as a recipient on the settlement they draft, although as the Illinois example demonstrated, courts can reject such a motion. Accidents or negligent behaviors that result in wrongful deaths can prompt survivors to pursue damages and claims to deal with their losses. These legal actions are governed by different laws depending on their precise nature. Because states have unique rules dictating how claims should be filed and whether or not they need to include stipulations for paying certain bills, those who want to pursue closure may find it helpful to have the assistance of an attorney.