Let insurance pay for my medical bills or file a personal injury suit?

small dog in arms of someone with IV in arm

Medical bills are the most common reason people begin a personal injury case. It is not unreasonable that if a person or business causes injury to someone, that person or business should at least be liable for paying all medical bills resulting from the injury.

“But what if my own health insurance company has already paid for my medical bills? Does it make sense to sue the person or business that was responsible for my injury?”

Consider this example of a hypothetical man named Tom.

Tom is walking down the street when he is struck by a piece of machinery being operated by a construction worker hanging a new sign on a storefront. Tom is rushed to the hospital. His left shoulder requires immediate surgery. Over the course of several months, he also visits a physical therapist to strengthen his repaired shoulder. The treatments total $40,000 and Tom’s health insurance pays for everything, except the deductible, pain and suffering, and lost wages.

Needing reimbursement & compensation, Tom hires an attorney who files a lawsuit against a construction company involved in the project. Tom’s health insurance company files a lien against that lawsuit. By filing the lien, the insurance company is arguing, “Tom is the one who was injured, therefore it’s his prerogative to sue. However, we paid $40,000 for his medical care so his favorable judgment should reimburse us also.”

In most states, the health insurance company’s lien would be valid. Let’s assume that Tom goes to court and he is awarded $90,000 for medical costs, pain and suffering, and lost wages.

After reimbursing his health insurance company and paying his legal fees, Tom would receive approximately $20,300. That can greatly help to cover his bills and inconvenience.

If you or someone you know has been injured due to negligence, call (614) 878-7777 to discuss your case with attorney Chuck Bendig. The call is completely free and with no obligation.

Frequently Asked Questions About Pour-Over Wills

Does a pour-over will avoid probate?

No. Assets passing under a pour-over will generally require probate before they reach the trust. Assets already properly held in a living trust generally avoid probate. Other assets may pass outside probate through valid beneficiary designations or survivorship ownership.

Do I need a pour-over will if I already have a living trust?

A companion pour-over will is generally recommended. It provides instructions for covered probate assets left outside your trust and can name an executor and nominate guardians for minor children.

Can I name guardians in a pour-over will?

Yes. A pour-over will can nominate guardians for minor children. Court appointment and Ohio law still apply; the nomination does not automatically override a surviving parent's rights or every other consideration.

What happens if I have a trust but no pour-over will?

Assets already in the trust continue to follow its terms. Property outside it follows any effective beneficiary designations, ownership arrangements, or other will provisions. Probate property with no effective will provision may pass under Ohio intestacy law instead of your trust instructions.

Does a pour-over will override beneficiary designations?

Generally, no. A valid beneficiary designation on an account or insurance policy usually controls that asset's transfer. Review beneficiary designations alongside your will and trust so the arrangements support your overall plan.

Will a pour-over will reduce my taxes?

Not by itself. A pour-over will directs covered property into a trust. Tax consequences depend on the assets, trust provisions, beneficiaries, and applicable law. It should not be treated as an automatic tax-saving tool.

Can I rely on a pour-over will instead of funding my trust?

That is generally not a good substitute. Assets left to pass through the will may require probate, adding administration before the trust can receive them. Funding appropriate assets during your lifetime helps the trust perform its intended role.

What if I revoke or replace my living trust?

Have your pour-over will reviewed at the same time. Under Ohio Revised Code Section 2107.63, termination or complete revocation of the receiving trust before death invalidates the gift to its trustee under that provision. Your attorney can coordinate replacement documents and backup instructions.

Make Sure Your Will and Trust Work Together

A trust agreement, asset ownership, and beneficiary designations all affect how property passes after death. A pour-over will helps address gaps, but the documents need to work together.

Charles Bendig Law helps Ohio individuals and families with wills, living trusts, and probate matters.

To discuss creating a trust-based estate plan or reviewing an existing one, contact attorney Chuck Bendig or call (614) 878-7777.

I'm Chuck Bendig,

"For 40+ years, I've served Ohio residents. My private practice spans family law, estate planning, and personal injury cases. My commitment is rooted in genuine care for the individuals I serve."

Let's talk.