It is only when the plaintiff's recovery exceeds the sum total of the plaintiff's damages that the right of subrogation arises. Users are urged to confirm that the cited law remains current and consult with counsel on specific legal questions.Subrogation claims aid insurance companies in recovering expenses they pay out when they're not liable for damages. Learn how State Farm may try to recover a claim payment when another party is primarily at fault for your damages. Illinois has finally joined the majority of jurisdictions1 adopting an equitably modified version of the "make whole" doctrine for subrogation claims. The subrogation attorneys at Keis George have extensive experience in state and federal courts throughout Illinois. A subrogation claim or other right of reimbursement claim may be adjudicated even when a lien has not been filed regarding such claim. You represent a workers' compensation carrier who just paid out a ton of money for an on-the-job injury. If you have an insurance claim, you may hear the term "subrogation. This state section specifically covers the state of ILLINOIS.