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

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.

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Attorney answers 4

Best Answer

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.


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.

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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 J. Sweinberg, Esquire 215-752-3732 Disclaimer: Please note that this answer does not constitute legal advice. It is merely intended to provide general information to aid the poster in finding answers to the problem posed. This answer does not create an attorney-client relationship. In most cases, it is best to contact an attorney directly to find answers to your problems.


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.

Burton A. Padove

Burton A. Padove


Sorry, I did not see your entire submission. THe answer would depend on the wording of your agreement with the attorney. Some do have the practice that you are referring to, others, do not take part of the med pay. Have the attorney review the contract in detail and show you where in the contract he or she have the right to keep some of the Medical Expense payment from your insurer.

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