QUESTION

When I receive my settlement, will the medical cost be included in my check for me to pay the bills myself?

Asked on Nov 12th, 2014 on Personal Injury - South Carolina
More details to this question:
Or do my attorneys pay for it from my settlement before they give me my check?
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1 ANSWER

That is a question you should direct to your attorneys. Some questions are appropriate on a website such as this but some questions are best addressed to your own attorney. Now, most - if not all - attorneys issue a settlement statement to their clients at the conclusion of a case. The settlement statement will explain what the settlement or verdict was and what deductions were made and for what reasons. Deductions are justified as attorneys' fees, costs and expenses, and payments to third parties (including certain medical providers). Often, attorneys will negotiate with medical providers so that they can put more money in the client's pocket at the end of the case. Ethically, attorneys have to be cognizant of medical liens and satisfy the medical providers who will traditionally and usually defer demand for payment and collection actions pending a full resolution of the case. When attorneys are maximizing your recovery - and their recovery under a contingency agreement - and so maximizing the likelihood that the medical providers will recover a larger portion of their bills, the medical providers will compromise their claims. This is one of the benefits of having legal representation in a contested matter (contested as to liability, damages or both). So, to be clear: Ask your attorneys. They should not and likely will not begrudge you a full accounting of what is paid out to medical providers and all others. If, for some reason, it was not disclosed by anyone (especially you) that you received treatment from a certain medical provider, and if the provider later comes looking for the money from you, you will likely be responsible to that medical provider. Under those circumstances, the attorney will ask that you address this debt because it was not disclosed - and compromised with the attorney's help when appropriate.
Answered on Nov 13th, 2014 at 2:14 AM

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