Does your attorney have to pay off your medical if you where in an car accident?

Question

my wife was in an car accident and now her attorney is stating that he will pay all her medical bills out of her settlement. something does not feel right

Answer 1

How else would the medical providers be reimbursed?  The settlement will include any outstanding medical expenses.  These and her lost wages are called Special Damages.  The "pain & suffering" aspect of the claim are her General Damages.   Your attorney can and will negotiate any medical liens put on the settlement.   However, if you hve PIP coverage, your own insurance will pay the meds and subrogate for recovery.

Honestly, if you do not trust your attorney, you should reconsider new counsel.

Answer 2

Yes, if your attorney gets a settlement. Your attorney, as well as the carrier who is issuing the settlement, has a duty to make sure that certain bills, those with liens, get paid. We are required to "satisfy" the lien. What the attorney does for you is he/she will attempt to get may of those bills reduced. Once the attorney determines how much your bills are he/she can determine where they feel the lowest acceptable settlement will lie. They will take into consideration your pain and suffering as well as their fees that they hope to recover. This is why many attorneys refer you to a doctor or chiropractor. They continue to provide business to the same faclilities and in exchange it is easier for them to get your bills reduced. Many bills, included hospital bills are negotiable. You always have to option of working directly with the insurance company to settle your injury claim. The insurance company will not settle with your until you are done treating, unless your injuries are serious or a fatality is involved. In those instances the insurance company will issue the settlement check right away. Each claim is looked at on its own merits or case by case. If you have soft tissue injuries (neck/back) you can either gather and submit all your bills on your own or you can complete the medical authorization request provided by the at fault carrier. They will collect the bills on your behalf, evaluate them and extend you a settlement offer. Another thing to keep in mind is that if you are attorney repped and decide to drop you attorney the attorney can place a lien on your settlement to get paid for the time and work he/she has already put into working your case. If you have any questions regarding your settlement or how your particular bills will be paid you should address your concerns with your attorney.

Answer 3

its normal in cases where some one sues and gets a settlement...I'm waiting for a settlement and my law firm is laying out up to 5K in medical tests and travel bills for me..he gets his 40 %  and is paying it out of his cut...you just have a differnt deal.

Answer 4

That is IF you get a settlement.

Here's how it works.  Your case if found in your favor.  You get some money from the insurance company (or the other driver).  

Your lawyer take his cut first.

He pays all the bills next (like medical bills)

Then you get the left over (if any).

good Luck....

Answer 5

The attorney should not be receiving the settlement, you should. Make sure you get paperwork containing all payments made. Ask the attorney why he is doing this.

Answer 6

THere are some websites out there that deal with legal advice. You might google "free legal advice"   Would not hurt to get another opinion

Answer 7

NO. lawyers don't pay for anything, the only charge money. that's what car insurance is for.. to cover all costs of an accident.