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ARTICLE · 06 NOVEMBER 2024

Understanding Why OHIP Might Receive Part Of Your Personal Injury Claim Settlement

McLeish Orlando LLP
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You have completed your claim and have received your settlement, but there are various fees and deductions that you were not expecting.

CanadaLitigation, Mediation & Arbitration
Lindsay Charles
Lindsay Charles
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You have completed your claim and have received your settlement, but there are various fees and deductions that you were not expecting. Of course, there are lawyer fees including costs and disbursements, but there are also OHIP subrogated interests. But why might OHIP receive part of your personal injury claim settlement?

What is a subrogated interest?

Subrogation is the legal right for a third party, such as OHIP, to recover the monetary value they have contributed provided these services were required due to someone else's wrongdoing.

When pursuing a personal injury claim and medical care is required, OHIP will cover various health services like diagnostic testing. As these services were made necessary by the negligence of the tortfeasor, OHIP has the right to receive compensation. This is a subrogated interest.

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