Those injured by a defective product are entitled to the full value of their medical treatment. This includes the actual cost of the treatment, not just their copay or deductible. Oftentimes, insurance carriers attempt to reduce damages by offering to pay only “out of pocket” expenses, which leaves the injured person less than whole.
While your health insurance carrier has to pay for your medical expenses, they also have the right to be paid back. This is generally referred to as subrogation.
Keep in mind that you may be entitled to more than medical bill and expense reimbursement. Punitive damages such as pain and suffering, emotional distress, lost wages and more are often part of personal injury cases.
