From Limited Insights to Data-Driven Recovery

The Evolution of TPL Recovery & Subrogation

A side-by-side comparison of the current challenges in TPL recovery and how Discover Claims is driving the future of financial recovery through advanced analytics.

Current State
  • Healthcare providers, self-insured plans, and government payers only recover 5-15% of available TPL funds.
  • Focus remains on traditional admitted carrier claims like Motor Vehicle Accidents (MVA) and Worker's Compensation (WC).
  • Non-traditional TPL recovery subsets (e.g., Commercial Premises Liability, Mass Tort, MDL) often go unrecognized.
  • Many settlements occur out-of-court, leading to higher but undiscovered settlement values.
  • Non-admitted carriers and alternative capital funding sources are not reporting into traditional claims databases, creating missed revenue opportunities.
future State
  • A wide spectrum of new TPL recovery opportunities can be pursued beyond MVA & WC.
  • Complex TPL Discovery Analytics® enables recovery of both traditional and non-traditional TPL claims.
  • Greater visibility into legal actions, activities, and payment sources ensures more comprehensive financial recovery.
  • Focuses on current and active settlement phases, ensuring high-value TPL revenue on an ongoing basis.
  • Predictive analytics & legal data modeling allow for proactive identification of viable claims, increasing financial returns.
Data-Driven THIRD-PARTY LIABILITY Discovery

Unlocking Hidden TPL Recovery Potential

TPL Discovery Rates measure the likelihood of identifying and recovering missed TPL claims, based on claim type, encounter setting, and aging factors. The longer a claim remains undiscovered, the lower the probability of recovery, with older claims (>2 years) having significantly reduced viability due to exhausted benefits and prior payments.

Industry Trends & Key Considerations

OVER 40% OF POTENTIAL TPL CASES CAN BE MISSED

  • Manual discovery processes, workflows, and failure to identify all relevant TPL indicators can miss significant viable recovery opportunities.
  • Both traditional (MVA, WC) and non-traditional (mass tort, medical negligence) TPL subsets can be missed.

ADVANCED ANALYTICS REDUCES MISSED CASES

Non-Traditional TPL Subsets & Median Recovery Awards

Healthcare providers, self-insured ERISA health plans, governmental payers, and their recovery agents often leave millions of dollars in potential recoveries unclaimed due to the complexity of identifying and pursuing bad debt, charity care write-offs, and subrogation opportunities. As a result, funds that healthcare organizations or payers are legally entitled to remain undiscovered and unrecovered.

Median Recovery for Mass Tort & MDL

Commercial Premises Liability Cases

Commercial Transport + Accident-Related Cases

Personal Injury (Pedestrian Accidents)

$768,000

Source: DOJ Bureau of Statistics

$643,099

Source: Jury Verdict Research

$1,007,704

Source: Jury Verdict Research

$53,510

Source: Jury Verdict Research

Discovery Potential Recovery Opportunity Rates

We continuously analyze real-world data and financial trends to uncover hidden recovery opportunities. Below are key insights from industry-leading TPL recovery analytics:

Chart showing third-party liability (TPL) recovery discovery rates by claim age and litigation type. Auto/MVA claims lead with highest recovery within 1 year. Discovery rates decline across all types—Workers’ Compensation, Premises Liability, Medical Malpractice, and Mass Tort & MDL—as claims age from 1 to 3 years.
Bar chart showing TPL recovery discovery rates by encounter type and claim age. Emergency Department encounters have the highest recovery potential within 0–1 year, followed by Inpatient Admissions, Outpatient Surgery, and Observation Encounters. Discovery rates decline steadily for all types as claims age beyond 1, 2, and 3 years.
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boost your recovery potential

Our expertise in Complex TPL Discovery Analytics® provides a pathway to uncovering previously unrealized financial opportunities. Contact Discover Claims to learn how our solutions can enhance claim recovery and financial positioning.

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