My question involves an injury that occurred in the state of: New York
The injury stems from being hit by a car before retirement and before going on Medicare.
A settlement is being offered now by defendants' insurance whereby in addition to a general release, they are requesting a 'Hold Harmless' agreement for anything known or unknown, past or future, by lien or otherwise. All potentiality of cost or expense would be chargeable to the settlement. Medicare has already stated that they have no lien, but it appears, if I understood correctly, that Medicare may refuse to cover any future expenses if they determine they are related to the injury.
The questions are, in order to be safe rather than sorry, if I choose to go to trial and a judgement is entered:
1. Would I still have to 'Hold Harmless' the defendants against future medical expenses, if any?
2. May Medicare still make a determination that future related medical expenses, if any, are chargeable to the judgement? As I understand it now, in case of future expenses, Medicare does go after defendants' insurance, and a 'Hold Harmless' agreement would shift the responsibility to me, and thus the settlement or the judgment would have to be exhausted first.
3. Is there any other solution to my dilemma?