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LEGAL INSIGHTS / Estate Planning

What to do if you’re injured on masshealth

Legal tip of the day: If you’re injured and you are on MassHealth, they are entitled to your settlement. Let’s say you accrued 30k in hospital bills and the insurance company wants to settle for 30k. MassHealth will try and take the full 30k that they spent on your bills. Now, the lawyer always gets paid. So with a standard contingency fee of 1/3rd, some lawyers will actually back down to MassHealth and make their fee while the client gets nothing. I NEVER do that. A good lawyer once told me “never make more than the client” and I live by that philosophy. If you’re on MassHealth and get into an accident, not all hope is lost. I always negotiate with MassHealth. I give them an ultimatum. I tell them that if theyre really going to take the whole settlement, then my client will drop the suit and nobody will get anything. At that point, Masshealth usually agrees to split the settlement 3 ways.