Is it true that my medical costs will come out of my end of the personal injury settlement? - Accident Law Questions and Answers- LawQA.com

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Is it true that my medical costs will come out of my end of the personal injury settlement?

I am getting a MV accident settlement and my lawyer is taking out his costs before splitting the settlement. He says that my medical costs that were not covered comes out of my end of settlement! Is that TRUE?

Answer By Lacy Fields
Lacy Fields, Attorney at Law, LLC
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Of course it is. They are your bills. Your attorney is not obligated to pay any of your bills. Some attorneys are willing to cap how much they take in order to insure that you have enough to pay your bills and still have some money left. Usually though, the attorney can negotiate the medical liens on your behalf. And of course, usually insurance has paid all your bills for you anyway.

Answer Applies to: Missouri
Replied: 7/30/2011

Answer By David Hoines
David Hoines Law
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yes

Answer Applies to: Florida
Replied: 7/30/2011

Garruto & Calabria, LLC
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Yes, your unpaid medical bills get paid from your portion of the settlement proceeds, as wells other potential deductions for (if applicable): valid health insurance liens, workers' compensation liens, child support judgments, Medicare liens, Medicaid liens, among others.

Answer Applies to: New Jersey
Replied: 7/28/2011

ROWE LAW FIRM
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You should have a written contract between yourself and your attorney that details exactly how any proceeds are to be disbursed. It is normal for costs to be advanced by the attorney, but then recouped from any settlement proceeds. This should have been explained to you carefully prior to your attorney taking your case.

Answer Applies to: Louisiana
Replied: 7/28/2011

Law Offices of John J. Ferry, Jr.
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It depends on the specifics of the settlement and your agreement with your attorney, but yes, that is generally what happens.

Answer Applies to: Pennsylvania
Replied: 7/28/2011

Law Offices of Earl K. Straight
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Normally yes. Attorneys fees are usually based on the gross, or total, settlement amount. So if your case settled for $10,000, and attorneys fees were 35%, attorneys fees would be $3500. All medical expenses would have to be paid out of the remaining $6500. You'd have to review your contract with your attorney to see if his terms are different.

Answer Applies to: Texas
Replied: 7/28/2011

Answer By Eddie W. Wilson
Wilson & Hajek, LLC
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That is the usual agreement between client and lawyer.

Answer Applies to: Virginia
Replied: 7/28/2011

Answer By Tina Fox
Fox Law Firm LLC
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Yes this is true. Your medical facilities have more than likely sent what is called "liens" to the attorney and the insurance companies and your attorney is required by law to pay the medial facility first before you are compensated.

Answer Applies to: Illinois
Replied: 7/28/2011

Cody and Gonillo, LLP
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Generally this is the case.

Answer Applies to: Connecticut
Replied: 7/28/2011

Paul Whitfield and Associates P.A.
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Yes. When a lawyer accepts a case on contingency (percentage) his fee comes off the top. Unpaid medical bills are then paid from the recovery. What is left is basically for your pain and suffering or lost wages.

Answer Applies to: North Carolina
Replied: 7/28/2011

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