Asked in Car Accidents and Personal Injury for California

Q: Am I getting a fair process/compensation for my Injury?

I was involved in a car accident in California, and I am now suffering from back and neck pains which impedes me from performing my job's full duties (package delivering). I filed a compensation demand and my lawyer wants to divide the settlement in 3, where each of the parties involved (myself, lawyer, and chiropractor) would get 1/3 of the settlement amount. I have been seeing a chiropractor, but I haven't been paying him for his services, because 1/3 of the settlement will be going to the chiropractor. Is this in line with the law? I would like to know if I am getting my rightful/legal share of the settlement.

5 Lawyer Answers
Alexander Bakhache Perez
Alexander Bakhache Perez
Answered
  • Personal Injury Lawyer
  • Fullerton, CA
  • Licensed in California

A: Why don't you sit down and take a look at what the medical bills - chiropractic bill are you in your case. Then you will know for yourself if offering him a third of the settlement is fair or not. Settlement depends on many factors but medical bills, and the amount of duration of treatment, type of injury, loss of work, and other factors would be considered in compensation.

If you still feel it is unfair talk to both your attorney and the chiropractor, or do not accept to settle the case and see what other options you have.

Theodore Allan Greene
Theodore Allan Greene
Answered
  • Personal Injury Lawyer
  • Sacramento, CA
  • Licensed in California

A: No one can answer your question without more specific information... But I can tell you that a 1/3 split is very common. The way it works is that the attorney takes one third (if that is what the fee agreement states) and then the medical liens will usually agree to split the rest so it works out 1/3. 1/3, 1/3.. Now that's assuming the costs for your medical are more than 1/2 of what's left after your attorney. Then the attorney just get's them to agree to reduce their lien and everyone gets 1/3. So based on what you presented the answer is most likely you are getting treated fairly... but again we would have to see all the specifics to be 100% sure.

William John Light
William John Light
Answered
  • Personal Injury Lawyer
  • Santa Ana, CA
  • Licensed in California

A: The chiropractor has an itemized bill. Chances are, 1/3 of the settlement is less than his bill. Ordinarily, we ask the medical providers to reduce their billings by about 1/3. If there isn't enough money for that, a bigger discount may need to be applied. Without knowing the facts and circumstances of your case, it's impossible to say whether the 1/3 apportionment to doctor, attorney, client is fair.

Peter N. Munsing
Peter N. Munsing
Answered
  • Personal Injury Lawyer
  • Wyomissing, PA

A: Not sure if giving doctors a percentage is fair. However, you should have seen an orthopedist as well. A lot depends on the nature of the claim--did you have your own insurance? Why wasn't that used? Assuming the fee agreement spells out the amounts and allows this, the next question is , as Mr. Light & Mr. Geene point out, the amount of his bill. In the cases I've had where california people get injured out here, California law allows the medical providers or the insurance to claim for unpaid amounts, was the information I had. So If your attorney gets the guy to cap it at 1/3, and the Dr. agrees that that is full payment, the only question is is the amount as a whole worth your injury? Do you have an underinsured claim?

Dale S. Gribow
Dale S. Gribow
Answered
  • Personal Injury Lawyer
  • Palm Desert, CA
  • Licensed in California

A: today insurance co's are low balling settlements.

what your lawyer appears to be doing is to be fair is to get the chiro to reduce his bill.

otherwise one has a situation where the offer is $10,000 and there is $4k of meds.

if the lawyer takes 1/3 $3333. and pays the chiro $4000 that is $7333 and the client would get the difference between the offer of $10 and subtract $7333.

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.