Personal Injury Attorney - Denver, Colorado

By Jonathan Stine

Maximizing Your Subrogation

April 16, 2019

What are some ways to maximize the amount of money that goes into YOUR pocket, when YOUR insurer wants to be reimbursed out of your settlement or judgment?

  • What is the “Made-Whole Doctrine” and How Does it Work?

In Colorado, The Made-Whole Doctrine states that subrogation will not be allowed unless you are first “made whole” for all of your damages from your case. In many cases, an insurance company cannot pursue subrogation at all until the individual has received full compensation for all of his or her damages.  Proper utilization of the Made-Whole Doctrine can result in a waiver by the insurance company of its entire right to reimbursement vastly increasing your recovery.  The requirements on how to use this law are very specific. Make sure your attorney knows how and when to use this law to your benefit, and if it applies to your specific case and insurance plan.

  • What is the “Common Fund Doctrine” and How Does it Work?

In Colorado, The Common Fund Doctrine requires your health insurance company to reduce the amount of its right to reimbursement in an amount equal to your attorney’s fees. If you are paying a 1/3 attorney’s fee, and your insurer has requested reimbursement, they may be required by Colorado Law to reduce the amount that they are demanding by 1/3 plus expenses that were incurred in the course of procuring the settlement or judgment of your claim. Make sure your attorney knows how and when to use this law to your benefit, and if it applies to your specific case and insurance plan. 

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