Is this right? My pi atty took $1K from $4K insurance co check intended to pay my outstanding medical expenses pre-settlement.

Asked over 2 years ago - Gary, IN

I was injured in auto accident. I hired pi atty and signed contingency fee K. The K says the fee will be paid when recovery is made. The K also says I grant the power to the atty to deposit checks into a trust acct and to pay all hospital and medical liens from my share of the recovery. I thought the check was to go to my doctor and that atty would be paid later when the case was settled.

Attorney answers (4)

  1. Jeffrey Allan Flores

    Contributor Level 10

    2

    Lawyers agree

    Best Answer
    chosen by asker

    Answered . There is no way to precisely answer the question without mnore specifics. But here are the options: A] These funds could be Medical Payments coverage from your own Insurance company. However, those are usually paid direct to the provider, and the attorney is not entitled to a fee. B] It is a settlement check. If so, the Insurance company will have asked you to sign a release prior to cashing the check. You should have a copy of it. The attorney is entitled to a fee. C] The funds are advance payment of medical bills from the defendant's insurance company. If so, they are usually paid direct to the provider, and the attorney is not entitled to a fee.

  2. Slavik Steve Leydiker

    Contributor Level 15

    5

    Lawyers agree

    Answered . You better speak with your attorney about this because this may very well be the settlement. Your attorney has a duty to extend to you all settlement offers. You're attorney cannot agree to a settlement without your okay. An insurance company generally does not pay pre-settlement medical expenses unless it's your own insurer, in which case they would want you to pay them back out of settlement money. I suggest you have a heart-to-heart with your attorney about what's going on.

    My comments are provided for general information purposes only. Nothing on this or associated pages, documents,... more
  3. Burton A. Padove

    Pro

    Contributor Level 17

    3

    Lawyers agree

    Answered . it is impossible to interpret what is happening without seeing the agreement and knowing what checks you are referring to and whether a settlement has been made. You should talk with the attorney directly about your questions.

  4. Joyce J. Sweinberg

    Pro

    Contributor Level 16

    4

    Lawyers agree

    Answered . I agree with my colleague that you should clarify this with your attorney so you understand exactly what is going on.

    I will evaluate your case for free. I can also refer you to an attorney to help you if I cannot help you. Joyce... more

Related Topics

Personal injury

If you suffer a personal injury as the result of the actions or negligence of another, you may seek financial compensation for physical or emotional damages.

Personal injury settlement

Personal injury settlements are agreements made between the two parties of an injury lawsuit. They outline the compensation that an injured party receives.

Can't find what you're looking for? Ask a Lawyer

Get free answers from experienced attorneys.

 

Ask now

26,961 answers this week

3,100 attorneys answering

Ask a Lawyer

Get answers from top-rated lawyers.

  • It's FREE
  • It's easy
  • It's anonymous

26,961 answers this week

3,100 attorneys answering