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What is a reasonable amount of time for my lawyer to negotiate my medical bills and then give me my portion of the settlement?

Carrollton, GA |

In December of 2012 I was in a car accident. We reached a settlement and I signed the release 3 weeks ago. My lawyer has already received the settlement check from the insurance company. I was told Wednesday that my lawyer is still needing to negotiate my medical bills. How long should this process take? I understand that he is a busy man with other clients, but I last sought treatment at the end of April. So my bills have not changed and he has the records of which entities I owe money. I was told that it "hopefully will be finished by Friday"? At what point has my lawyer had enough time and is there anything I can do to speed this up? I need to move on with my life as does my family.
Thank you

Attorney Answers 12


  1. Best answer

    It sounds like you have a great lawyer!

    A lawyer can't begin to negotiate bills until he knows what the setlement is. And he actually doesn't have to. But in taking the time to do this, every dollar he can knock off is saving you a dollar. Doctors aren't always quick to respond, so be a bit patient. He's helping you.

    If you find this answer helpful, please mark it here on AVVO as helpful. In answering you, I am attempting to communicate general legal information and am not representing you (and am not your lawyer). Do feel free to call me at 404-768-3509 if you wish to discuss actual representation (the phone call also does not retain counsel; that requires an office visit and appropriate paperwork). In that a forum such as this provides me with limited details and doesn't allow me to review details and documents, it is possible that answers here, while meant to be helpful, may in some cases not be complete or accurate, and I highly recommend that you retain legal counsel rather than rely on the answers here. (You can also email my office at geaatl@msn.com . An email also does not retain my office, but can help you get an appointment set if you prefer not to call). I am happy to discuss possible representation with you. Any information in this communication is for discussion purposes only, and is not offered as legal advice. There is no right to rely on the information contained in this communication and no attorney-client relationship is formed. Nothing in my answer should be considered as tax-advice. To ensure compliance with IRS Circular 230, any U.S. federal tax advice provided in this communication is not intended or written to be used, and it cannot be used by the recipient or any other taxpayer (i) for the purpose of avoiding tax penalties that may be imposed on the recipient or any other taxpayer, or (ii) in promoting, marketing or recommending to another party a partnership or other entity, investment plan, arrangement or other transaction addressed herein. Note that I am only licensed in Georgia and thus cannot practice in other states. I am also required to advise you, if your question concerns bankruptcy, that the U.S. Congress has designated Ashman Law Office as a debt relief agency that can help people file bankruptcy.


  2. I also negotiate with medical providers and health insurance companies. This is an important part of the case that can increase the amount of your net settlement. Also you do not want those medical providers pursuing claims against you long after settlement. I urge you to be patient with your attorney. However, if nothing has happened in another week, I suggest you make an appointment to see him or her in person to determine where he is the process.


  3. We, along with many other attorneys, attempt to proactively negotiate medical liens well in advance of any settlement for two reasons: first, as you are learning, it often takes a long time to resolve them, and secondly, it gives the client a better sense of exactly how much they are able to take home from any potential settlement. In this case, if your attorney was unable to do so for whatever reason, I would suggest you ask him to hold back the full amount for the medical bills and release the rest. Then when he is finished negotiating and paying off the liens, he can release any remaining funds, but at least you're not waiting on the full amount. Of course, I have no idea whether or what you will have remaining after withholding for medical bills, so this is a conversation you should have with your attorney, but you should also be realistic about your particular situation. Good luck to you.

    For more information, contact us at Fareesh@SarangiLaw.com or (770) 984-5380. The initial consultation is always free. This post is intended to provide general guidance, and should not be construed as legal advice. While I am an attorney, unless we sign a retainer agreement, I am not your attorney, and any information shared on Avvo does not create an attorney-client relationship. Please mark this answer as "Helpful" or "Best Answer" if you like it.


  4. You should be patient. Your lawyer is probably trying to get your bills reduced and the length of time this takes depends on the medical providers' response and the amount of negotiation involved.

    The above is just my opinion based upon the limited facts provided. It is not intended to be offered as legal advice nor is it intended to establish an attorney client relationship. You should seek a consultation either in person or over the phone to discuss any legal issue that you may have raised.


  5. I agree with the other responses that you need to let your attorney negotiate to try to reduce what you owe to your medical providers and resolve any liens. This saves you time and expense and the attorney is obligate to satisfy any liens out of your recovery. At best, he could hold enough to cover all the bills in his trust account and disburse anything that may be left after legal fees and medical liens to you. At a later date, he could then disburse to you the funds remaining after satisfying all medical liens &/or bills. The process can take several months especially if he is dealing with Medicare or Medicaid or if he's asking for a substantial reduction in your dr or hospital bills.


  6. I understand your frustration, but negotiating your medical liens can be a lengthy process characterized by a lot of back and forth, especially since it sounds like your attorney is trying his or her best to negotiate the most favorable terms of each lien, which means more money in your pocket. Also, I commend your lawyer for doing this. I know several attorneys and firms which simply take their costs and fees and give you the rest. While initially the lump sum settlement looks bigger, you the client are left to deal with collection agencies, etc. re the unpaid liens. My advice to you is be patient and let your attorney continue to represent your best interests. And don't forget to say "thank you" when you get your settlement check.


  7. Your lawyer does not have to negotiate your medical bills. He is doing you a favor by trying to get as much of the settlement money as possible into your pocket and not into the pockets of the doctor and hospital. In that regard, I would thank him for looking out for you and give him as much time as he needs; after all, he is trying to save YOU money.

    Disclaimer: This response is provided to you by attorney Robert G. Rothstein (404) 216-1422 for educational and informational purposes only.No attorney-client relationship has been created hereby. Other attorneys may have different opinions or responses. If you found this response helpful, please indicate Best Answer to Avvo. Thank you.


  8. If you were injured less than 9 months ago and your lawyer has already helped you settle your case, your lawyer is doing you a very good job. If time is more important to you than money, instruct your attorney to pay the total face amount of the bills immediately and to deliver your settlement check to you immediately. Otherwise, be patient, and allow your lawyer to continue doing a good job for you.

    Answers to questions on this web site are for informational purposes only and do not constitute legal advice. Unless you and Troy W. Marsh, Jr. have signed a written contract, Troy W. Marsh, Jr. is not your attorney, and you are not his client. www.marshlaw1.com troy@marshlaw1.com


  9. One of the many things we do not know about your case is what the settlement amount was, how many medical providers were there, and how large is each bill. This is what your attorney is having to look at and often the more medical providers there are and the size of the bill makes the total negotiation process take more time to complete. As has been pointed out by my colleagues, this effort is for the client's benefit.

    Mr. Crosner is licensed to practice law in California and has been practicing law in California since 1978. The response herein is general legal and business analysis.. It is not intended nor construed to be "legal advice" but rather it is analysis, and different lawyers may analyze this matter differently, especially if there are additional facts not reflected in the question. Oftentimes the question does not include significant and important facts and timelines that, if known, could significantly change the reply and make it unsuitable. I am not your attorney until retained by a written retainer agreement signed by both of us. See also avvo.com terms and conditions item 9, incorporated as if it was reprinted here.


  10. This does not sound unreasonable. It's possible the medical providers have filed liens against your recovery proceeds which need to be negotiated before they are paid out. He also may be doing you a favor by reducing your bills, therefore increasing your share of the recovery proceeds and preventing you from dealing with collections. This is especially important if you have limited settlement funds, in which case the bills will eat up a large part of your share of the recovery.


  11. Best bet is to wait until he does, as you will get more money. Sit tight.


  12. It is difficult to say. Be patient if you want him to feel comfortable doing a thorough job. He is not getting paid for this extra work, be appreciative.

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