Do I Have To Pay Back Medicaid For Medical Expenses From My Personal Injury Settlement?

We appreciate your like, share or follow. Your online activity helps us reach a larger audience, so please consider taking a moment to leave us a comment on our videos, or share our posts on social media.

How Can We Help You?

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.

Do I Have To Pay Back Medicaid For Medical Expenses From My Personal Injury Settlement?

Attorney Ben Schwartz answers a viewer’s question: “Medicaid paid my hospital bills and medical expenses after my slip-and-fall accident. I am getting a settlement, but my lawyer is fixing to pay back Medicaid from my settlement money, is that legit?”

Hi, I’m Attorney Ben Schwartz,

Today we are going to answer a viewer’s question from Charles in North Wilmington. Charles wrote-in and he said, “Medicaid paid my hospital bills and medical expenses after my slip-and-fall accident. I am getting a settlement, but my lawyer is fixing to pay back Medicaid from my settlement money, is that legit?” The answer is yes, that is absolutely legit.

If you had a slip-and-fall, or a personal injury accident, in the state of Delaware and your Delaware Medicaid health insurance has paid for medical treatment as a result of the injuries from that accident, when you get a settlement from the at-fault party, at-fault landowners insurance company, or the at-fault driver’s insurance company, you have to pay back Medicaid. That is statutory, and if you don’t pay it back, you could lose your health insurance. You could end up on the wrong end of a lawsuit, or criminal action, potentially brought by the state of Delaware. So you absolutely want your lawyer to pay back Medicaid out of your settlement.

What you have to know is, that a number of years ago my father, Steven Schwartz, had a personal injury case that he handled for a client named Mr. Jeffries. We had Medicaid claiming a right to be reimbursed from Mr. Jeffries’ slip-and-fall case. We litigated the case and we got the court to issue an opinion. In this case, it was called Jeffries versus Kent Vo-Tech. Essentially it said that when you pay back Medicaid for what they paid for your medical treatment out of a settlement, you are entitled to take a deduction that equals what you paid the lawyer. So if your lawyer is working on a contingent fee and let’s say you are paying the lawyer ⅓, you take ⅓  out of what you are paying back to Medicaid. You are paying them at a reduced rate. That is the case that we litigated.

If you are an attorney watching this video and you would like to get the case citation, shoot me an email below. I can email it to you and you will have it. That is something that you can do, and it will save money. Make sure your attorney knows about it Charles, it is something that is very helpful.  It is something we fought for several decades ago so it would be a benefit to all people who are injured in these types of cases in Delaware. I’m Attorney Ben Schwartz, a very good question. If you have questions for me, keep them coming. You give me questions and I’ll give you answers. Send me an email below. Thanks for watching!

You May Also Like These Related Videos…

Why Consult With A Wrongful Death Attorney?

Personal Injury Attorney Ben Schwartz answers a very important question, why consult with a wrongful death attorney? The answer is, oftentimes after a catastrophic incident resulting in death, the family simply wants answers. What happened? How did this go wrong? Why did this happen to my family...

read more

5 Tips About Medical Malpractice

Personal Injury Attorney Ben Schwartz gives us this video on, "five tips I wish people knew about medical malpractice cases." Just to give you sort of a brief overview, I look at a lot of medical malpractice prospective cases, and not every case where a doctor did something wrong is going to turn...

read more

What Is Medical Malpractice?

Personal Injury Attorney Ben Schwartz explains the meaning of Medical Malpractice and exactly what it means. He gives examples of medical malpractice cases, which include the statute of limitations & filing a lawsuit for medical malpractice. https://youtu.be/LzwcCyA7nKc Medical Malpractice...

read more

0 Comments

Submit a Comment

Your email address will not be published. Required fields are marked *

Meet Our Team Of Experts

Rob Collins

Attorney

Gwendolyn Osborn-Gustavson

Attorney

Scott T. Smith

Case Manager

Freddie Daniels

Freddie Daniels

Practice Manager

Steven Schwartz

Founding Partner

Freddie Daniels

Joe Stanley

Attorney

Freddie Daniels

R. Mark Taneyhill

Attorney

Stephen Norman

Of Counsel

Freddie Daniels

Ben Schwartz

Managing Partner

James "Matt" Stiller

Attorney

REQUEST A FREE CASE EVALUATION

Main Office

1140 South State Street
Dover, Delaware 19901

VISIT US ON SOCIAL MEDIA

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.

Delaware DUI Lawyer - Matt Stiller
Schwartz & Schwartz Google Reviews
Delaware Professional Regulation License Attorney - Rob Collins
Dover, Delaware Personal Injury Lawyers
Dover, Delaware

1140 & 1126 South State Street
Dover, Delaware 19901

More Details

Are you looking for a Dover, Delaware Personal Injury Lawyer?  Our Dover, DE law office is located adjacent to Carroll’s Plaza in Kent County, Delaware.

Bethany Beach, Delaware Car Accident Personal Injury Lawyers
Bethany Beach, Delaware

34026 Coastal Highway
Bethany Beach, Delaware 19930

More Details

Are you searching for a personal injury or wrongful death attorney handling cases in the Delaware beaches area or Ocean City, MD? Schwartz & Schwartz attorney Stephen Price Norman maintains an office on Route 1, Coastal Highway in South Bethany Beach, DE.

Dagsboro, Delaware Auto Accident - Wrongful Death Attorney
Dagsboro, Delaware

30838 Vines Creek Road, Unit 3
Dagsboro, DE 19939

More Details

Are you trying to find a personal injury lawyer for your Eastern Sussex County, DE or Eastern Shore of Maryland case? Schwartz & Schwartz personal injury lawyer Stephen Price Norman maintains an office on Vines Creek Road in Dagsboro, Delaware.

Wilmington, Delaware Car Accident Lawyers
Wilmington, Delaware

1525 Delaware Ave.
Wilmington, Delaware 19806

More Details

We are Wilmington, Delaware Personal Injury Attorneys. Our Wilmington law office is located at 1525 Delaware Avenue in New Castle County, Delaware 19806.

Salisbury, Maryland Personal Injury Law Firm
Salisbury, Maryland

Suite 500-A
100 East Main Street
Salisbury, Maryland 21801

More Details

Are you looking for a Salisbury, Maryland Personal Injury Lawyer? Our Salisbury law office is located next to the Shore Bank in Downtown Salisbury, Maryland. Our building address is 100 East Main Street Salisbury, Maryland 21801 and our office is located in Suite 500-A.

Philadelphia, Pennsylvania Personal Injury Law Offices
Philadelphia, Pennsylvania

1650 Market Street 36th Floor
Philadelphia, Pennsylvania 19103

More Details

Schwartz & Schwartz, Attorneys at Law, P.A. is a Mid-Atlantic regional plaintiff’s trial law firm focusing on wrongful death and catastrophic personal injury cases, with offices in Philadelphia, Pennsylvania.

Baltimore, Maryland Personal Inury & Wrongful Death Attorneys
Baltimore, Maryland

Legg Mason Tower
100 International Drive, 23rd Floor
Baltimore, MD 21202

More Details

We are Baltimore, Maryland trial lawyers handling wrongful death and serious personal injury cases

Washington D.C., Maryland Car Accidnt Lawyers
Washington, D.C.

Coming Soon!
Stay Tuned For Our New Office Location
Washington, D.C.

Directions Coming Soon

More Details

Stay tuned for more information about our new Personal Injury & Wrongful Death law office, which will be located in Washington, D.C.

What Are You Waiting For?

We have offices conveniently located to provide expert legal representation in Delaware, Maryland, Washington, D.C., New Jersey, and Pennsylvania.

Free Consultations

We offer free consultations in most cases, but not all. Please give us a call to see if you qualify.

Call or Email Us today

Time is an important factor in most legal cases. Don't delay, send us an email or call today!

24/7 Service

Our normal office hours are Mon - Fri, 9 am - 5 pm. Our answering service is available 24/7 at 1-855-847-8437.

Convenient Regional Locations

We have offices located to provide expert representation in Delaware, Maryland, Pennsylvania, Washington, D.C., and New Jersey.

Tip The Scales of Justice in Your Favor

Schwartz & Schwartz, Attorneys at Law is a major force in Delaware, Maryland, Washington, D.C., New Jersey, and Pennsylvania civil and criminal litigation.

Law Firm Testimonials

Gwendolyn Osborn-Gustavson

Scott T. Smith

Rob Collins

Steven Schwartz

Freddie Daniels

Joe Stanley

Freddie Daniels

R. Mark Taneyhill

Stephen Norman

Freddie Daniels

Ben Schwartz

James "Matt" Stiller

Tip The Scales of Justice in Your Favor

Our attorneys have significant experience in corporate, business and commercial litigation, in the United States District Court, in the Delaware Court of Chancery, and in the Delaware Superior Court.
Complex Corporate, Business and Commercial Litigation issues require the expertise of skilled legal corporate litigation professionals with experience in the industry and the ability to provide tenacious,

Criminal Defense Lawyers in Delaware

Schwartz & Schwartz offers a FREE CONSULTATION with Criminal Defense Lawyers in Delaware to anyone who has been arrested or who has been contacted about a prospective criminal arrest.