Los Angeles, CA asked in Car Accidents and Personal Injury for California

Q: In CA, in a car accident involving injuries- settlement, is it standard for a physical therapist to get 33%?

4 Lawyer Answers
Joel Gary Selik
Joel Gary Selik
Answered
  • Personal Injury Lawyer
  • Las Vegas, NV
  • Licensed in California

A: Health care providers, and nearly everyone cannot charge on a percentage basis, except attorneys.

After a case settles, the health care providers might be asked to reduce the amount they are owed. It is not unusual for all the health care providers bills, after negotiation, be 1/3 of the total settlement.

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
Answered
  • Personal Injury Lawyer
  • Sacramento, CA
  • Licensed in California

A: In California, there is no set standard percentage for physical therapists to receive in a settlement for a car accident involving injuries. The amount a physical therapist receives depends on several factors, including:

1. The total amount of the settlement

2. The extent and duration of the physical therapy treatment

3. The rates charged by the physical therapist

4. The terms of any agreements between the patient, their attorney, and the physical therapist

Typically, when a settlement is reached, the funds are first used to pay for the patient's medical expenses, including physical therapy. The remaining amount is then divided between the patient and their attorney, based on their agreed-upon contingency fee (usually around 33-40%).

If the physical therapist has a medical lien (a claim against the settlement to ensure payment for their services), they will be paid from the settlement before the remaining funds are distributed to the patient and their attorney.

It's essential for patients to discuss payment arrangements with their attorney and physical therapist to ensure a clear understanding of how the settlement will be allocated.

Tim Akpinar
Tim Akpinar
Answered
  • Personal Injury Lawyer
  • Little Neck, NY

A: Physical therapists are often paid hourly. I'm not fully clear on the 33%, unless it's a percentage related to settlement of a lien. Good luck

Ross A. Jurewitz
PREMIUM
Ross A. Jurewitz
Answered
  • Personal Injury Lawyer
  • San Diego, CA
  • Licensed in California

A: Physical therapists and doctors cannot charge a percentage of your recovery. They are often paid by the hour and their rates must be reasonable for the services they provided as judged by a community standard (e.g. bills in SF and LA are going to be higher than Barstow for the same service).

Now, if they bills are billed hourly and just coincidentally are 33.33% of the total recovery that is legal so long as the services were reasonable as well as the individual billings.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.