QUESTION
When a settlement is reached can I opt to pay the insurance bills with the settlement funds instead of my lawyer?
Asked on Dec 04th, 2012 on Personal Injury - District of Columbia
9 ANSWERS
Ronald A. Steinberg
If there is a formal lien, then the answer is NO.
Answered on Dec 17th, 2012 at 3:50 AM
John J. Carney
If you have a lawyer the check will come to him and he will take a third as his fee. Why would you want to cheat your lawyer out of his fee? Even if you tried to do that he would sue you and collect he fee and his legal fees which could cost you thousands extra.
Answered on Dec 10th, 2012 at 2:23 PM
Thomas Edward Gates
It generally your attorney's responsibility. He is required to give you a final accounting of how the settlement funds were dispersed.
Answered on Dec 05th, 2012 at 4:29 PM
Steven D. Dunnings
No
Answered on Dec 05th, 2012 at 4:29 PM
Car/Auto Accident Attorney serving Hacienda Heights, CA
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Gary Lee Platt
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If your question is whether you can opt not to pay your lawyer, I'd say almost certainly not, since you likely have a written agreement with your lawyer which governs how, when, and how much the lawyer is to be paid if your case is settled. Also, the agreement usually has provisions which govern how the settlement funds are disbursed BY THE LAWYER on your behalf, so you usually cannot decide on your own how the funds are to be disbursed and to whom.
Answered on Dec 05th, 2012 at 4:28 PM
Personal Injury Attorney serving St. Louis, MO
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The S.E. Farris Law Firm
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If you mean can you pay the medical bills instead of paying your lawyer, not if you have a contract with the lawyer promising to pay the lawyer a legal fee. If you mean can you pay the medical bills instead of having your lawyer pay them, it depends on the bill. If it is a medical lien, the lawyer is obligated, as is the insurance company for the other party, to pay those bills. If it is a subrogation interest by your health insurance company, that may not have to be paid at all in Missouri.
Answered on Dec 05th, 2012 at 4:27 PM
Criminal Attorney serving Silver Spring, MD
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Sanabria & Associates
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The agreement you sign probably states that your lawyer gets paid from the settlement. Usually, your attorney receives the check and issues payment to the firm. If you received the check first, you are obligated to contact your lawyer to discuss payment. If you ignore the agreement, the attorney could file a lawsuit against you.
Answered on Dec 05th, 2012 at 4:26 PM
Generally not as there are probably liens in the file which place an obligation on the lawyer that the lawyer will want to see fulfilled. Unfortunately some clients say they will pay the bills and turn around and don't and the lawyer can end up holding the bag. If you want to make sure the lawyer is paying the bills, make sure you request copies of the checks and transmittal letters sent to pay off all the bills.
Answered on Dec 05th, 2012 at 4:26 PM
Jonathan S. Safran
That is a discussion which you really need to have with the lawyers representing you. Your lawyers may have subrogation claims or liens or letters of protection that have been received or signed that may obligate them to make payments directly from your settlement, through their offices. When you say "pay the insurance bills" it is not clear if you mean your medical bills or if you mean paying back your health insurance or auto insurance in regard to subrogation claims which they may have asserted.
Answered on Dec 05th, 2012 at 4:26 PM