Will my insurance company try to recover money from my Virginia medical malpractice settlement?

If your insurance company paid your medical bills, don’t be surprised if the insurer requests a reimbursement from your recovery.  In Virginia, insurance companies are generally prohibited from trying to make these claims, but they occasionally try to collect anyway.  Insurance companies have even been known to hire lawyers to make these claims.

You need to understand that this area of law is complex and is sometimes governed by the Employee Retirement Income Security Act (ERISA).  You need to make sure that the Virginia medical malpractice attorney you hire is familiar with the implications of ERISA.