The Buffalo area has several older residents who receive medical benefits through Medicare. When a person who is receiving Medicare is injured through the negligence of another party, that person, like anyone else, is entitled to pursue damages against the negligent party. The fact that they are receiving Medicare, however, may have some impact on their case.
By federal law, if you receive Medicare benefits, Medicare has a right to have those payments reimbursed if they were made for treatment of a personal injury for which another party later provides compensation. The law surrounding this right can be complicated, but this basically means that if you are rewarded financial damages in a personal injury case and Medicare paid for some of the medical expenses caused by that injury, Medicare has a right to take back any money that it paid out for your injuries.
Unlike most other parties that may have some claim on damages in a personal injury case, the law does not require Medicare to provide any notice of their claim, and their claim takes precedence over most other claims. As a result, if you are pursuing a personal injury case and receiving Medicare, you should make sure your attorney is aware of this fact so that he or she can be sure to address any issues involving Medicare’s claim.
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