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Subrogation Checklist for Injury Cases

I recently asked a very important question on my Instagram stories (@ParalegalCoach_Misty) because I wanted to ask the burning question that all freelance paralegals really want to know, which is:

"What is the #1 task you outsource."

Amongst the many answers provided in my poll was the daunting task of obtaining, auditing, disputing, and finalizing subrogation liens. In fact, when it comes to Medicare, several firms outsource this task altogether by using big companies like Synergy and Epiq (formerly Garretson). However, as technology evolves and large insurance companies evolve with it, the doors begin to slowly open for freelance paralegals to broaden their horizons into lien handling as a service-based product. However, even if you're reading this article as an in-house paralegal, chances are, the task of obtaining and tracking liens usually falls on you.


In case you're wondering, and to get truly technical for just a moment, subrogation is:

"The assumption by a third-party of another party's legal right to collect a debt or damages."

In a nutshell, if your client is receiving money for damages incurred from a case for which his/her healthcare insurance (or any other insurance) paid a bill, including a hospital stay, clinic visit, ambulance ride, etc., then the insurance company is entitle to reimbursement.


The process is tedious and could take as little as 180 days or as much as several years, depending on the claim or case. Nevertheless, the attorneys like to outsource this process, which potentially opens up a line of new service-based products offered by freelance paralegals. If you're an in house paralegal dealing with subrogation or if you're a freelance paralegal looking to add this to your services, here are 7 steps you can take to obtaining, negotiating, and finalizing those pesky subrogation liens.


1. Get A Handle On It


You need to identify and prepare an index of potential lienholders, including contact info, policy identifiers, and the type of plan that may be collecting - Medicare/Medicaid, Workers' Comp, ERISA, Advantage, etc. You'll expand on this index as we move along in this checklist.