compensatory damages awarded is Health Insurance entitled to it ?

[motts7]

What is the name of your state?IL
My mother settled a law suit and recieved $30,000 her lawyer took his share $12,000. Can the insurace company come after that money. Her settlement was for compensatory damages. I know that insurance companys can seek money from lawsuits for their medical bills. If they can come after the money.
How much?
And all at once? (the money was all gone to pay some non related bills).
And can they terminate her insurance?

Many Thanks.....

 

[cbg]

This is a question that should be answered by her lawyer. Without any information about the lawsuit, the circumstances, or the insurance plan, no one here can know the answers.

 

[lkc15507]

What is the name of your state?IL
My mother settled a law suit and recieved $30,000 her lawyer took his share $12,000. Can the insurace company come after that money. Her settlement was for compensatory damages. I know that insurance companys can seek money from lawsuits for their medical bills. If they can come after the money.
How much?
And all at once? (the money was all gone to pay some non related bills).
And can they terminate her insurance?

Many Thanks.....

I will agree with cgb, this is best answered by her atttorney, but I will add something as well. In most subrogation cases, medical is rarely separated from compensatory damage as a whole. Unless those types of damages were specifically separated in the lawsuit, I believe the insurer ( I assume health plan insurer ) can level a claim against any monies received in a third party recovery issue. I'm not an attorney, but subrogation is a pet peve of mine and I have read a fair amount. I always advise my clients that if they are seeking recovery in court, the medical claims should be clearly separated from non-medical claims. Subrogation also varies greatly from state to state and I do not speak to any state specific issues. lkc15507