QUESTION

Should I have received my part of the settlement check if my hospital bill was not paid in full?

Asked on Apr 05th, 2013 on Automobile Accidents - Oregon
More details to this question:
I received a $3500 hospital bill about 6 months after my settlement was closed. My lawyer was aware of this bill as this is the 1st one that I had from the accident and was supposed to have been paid. I contacted my lawyer of this and they say that my insurance only paid $800 of the amount. My question is, should I have even received my cut of the settlement check from the lawyer if this was not paid in full?
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7 ANSWERS

If the hospital filed a lien and your attorney agreed to it, it should be paid in full unless it agreed to take a reduced amount.
Answered on Apr 08th, 2013 at 9:08 PM

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James Eugene Hasser
Unless you authorized the lawyer to take that money out of your cut and pay that bill at the time of settlement distribution, he would not be obligated to do so. You would have to pay it out of your net settlement proceeds on your own. Look at your settlement accounting distribution sheet and see what it says. Also, talk to your lawyer about it as well.
Answered on Apr 08th, 2013 at 8:57 PM

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Personal Injury Attorney serving Charlotte, NC at Paul Whitfield and Associates P.A.
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I don't understand your fact situation. If the lawyer had received the 3500 bill he should have paid it from the settlement proceeds if he waited to see what your carrier would pay towards the bill he should have held the funds in escrow til he knew for sure.
Answered on Apr 08th, 2013 at 8:32 PM

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Auto Attorney serving Bloomfield Hills, MI at Gregory M. Janks, P.C.
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It depends on what your contract with your lawyer stated as to what bills/expenses were your responsibility and what ones were your lawyers. You'll have to read it and see if the terms are clear on this point. If they are not, then the questions would be whether this was a 1st or 3rd party settlement, a work comp settlement or what type of settlement, were any liens filed by the providers, did you and your lawyer have any understanding about what bills were outstanding and who would pay them, etc. In other words there is no general way of answering your question and it can only be answered with all the underlying facts being known. However, if you are saying the money should have been held out of your payment by your lawyer, and your lawyer should have paid the bill out of the net money you were to receive, then what is the difference if you now use some of the net money you received to pay the bill vs. if your lawyer did it at the time of the distribution? Either way, it comes out of your net money. You should note that oftentimes you can negotiate bills to be satisfied in full for a lower amount than is billed.
Answered on Apr 08th, 2013 at 1:39 AM

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Lisa Hurtado McDonnell
Generally, the insurance company only settle when they have paid the medical bills or they have agree to have your lawyer pay the remaining bills. Sent the bill to the lawyer and if he does not pay tell him that you going to file a complaint with the state bar association.
Answered on Apr 07th, 2013 at 9:57 PM

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Ronald A. Steinberg
Discuss with your lawyer about when he knew about the bill, and why it was not paid in full. If he screwed up, he may be responsible to pay it. If you do not like the answers, contact the attorney grievance commission.
Answered on Apr 07th, 2013 at 9:55 PM

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Personal Injury Attorney serving Portland, OR at Kaplan Law, LLC
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This something your lawyer should have resolved prior to taking his fee and cutting your check.
Answered on Apr 07th, 2013 at 9:51 PM

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