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Fall 2019 Vol. 54 No. 3

THE EFFECTS OF SUBROGATION ON PERSONAL INJURY LITIGATION AND DETERRENCE OF TORTFEASORS - Stephen J. Spurr, Victims of torts who bring lawsuits often obtain compensation or services from sources other than the defendant, such as from their own health insurance. However, a major new development has radically changed the plaintiff’s gains from personal injury litigation: the victim’s insurer can now often recover the health care expenses it has paid its insured via the doctrine of subrogation, which enables it to join the lawsuit and obtain reimbursement from the amount that would otherwise be paid to the plaintiff.

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