MikeMayberry
Junior Member
What is the name of your state (only U.S. law)? NJ
I have been reading some of the basics about the MWD in NJ (and other states), yet I haven't seen anything that explains the process of determining if and when the damaged party had been made whole, specifically when it comes to pain and suffering. For instance, someone slips and falls in a supermarket, and accepts a $15k settlement offer. The injured person paid $400 in medical bills, and their health insurance paid their providers $4k. If the health insurance wants to subrogate, I understand they can't get anything until the damaged party is made whole. Does that mean they take the insured to court and then a judge decides whether the insured has been made whole? Could a judge say "I determine the defendant was made whole at $13k, so he owes the insurance $2k?". Is that how it works? (I know I left out the attorney's contingency fee. I am not certain at what point that gets paid. So please recalculate if necessary, but the main point is what is the process of determining "made whole".)
I have been reading some of the basics about the MWD in NJ (and other states), yet I haven't seen anything that explains the process of determining if and when the damaged party had been made whole, specifically when it comes to pain and suffering. For instance, someone slips and falls in a supermarket, and accepts a $15k settlement offer. The injured person paid $400 in medical bills, and their health insurance paid their providers $4k. If the health insurance wants to subrogate, I understand they can't get anything until the damaged party is made whole. Does that mean they take the insured to court and then a judge decides whether the insured has been made whole? Could a judge say "I determine the defendant was made whole at $13k, so he owes the insurance $2k?". Is that how it works? (I know I left out the attorney's contingency fee. I am not certain at what point that gets paid. So please recalculate if necessary, but the main point is what is the process of determining "made whole".)