Henderson, KY asked in Personal Injury for Indiana

Q: If you sign a legal document , and get a copy of it but there is new stuff on it I didnt agree to? Is it null and void?

It was a settlement agreement, When I got hit by a car in the crosswalk. The lawyer changed how the money is being split up. I did not agree to pay any of my doctor visits.

Related Topics:
1 Lawyer Answer
Charles Candiano
Charles Candiano
Answered
  • Chicago, IL
  • Licensed in Indiana

A: Talk to your attorney. If a medical provider sends a lien to your attorney, the attorney CANNOT make any distribution until the attorney strikes some agreement with the lienholders or YOUR ATTORNEY would be personally liable for the amount of the lien.

When an attorney conveys a settlement offer, most clients ask a question like "so how much do I get to keep?" Before making that call, an experienced personal injury attorney would have a draft settlement statement before him so that he could answer the question and explain how he got there (e.g. 1/3 attorney fees, $1,500 medical records, $350 court costs, Hospital Lien $20,000, etc.) That is where the attorney has the opportunity to explain the process. If the lien represented a substantial sum and they refused to reduce it, voluntarily, your attorney could have requested that the Court reduce the Lien. If you are on Medicare or Medicaid, the Hospital CANNOT lien your file but you DO have to repay Medicare or Medicaid. Your attorney should have explained all of this BEFORE you authorized settlement.

YOU NEED TO SIT DOWN WITH YOUR ATTORNEY. THERE IS NO MAGIC BULLET.

There are far too many variables to suggest that any agreement is void, just because you didn't understand the lien laws. If, for example, the attorney secured the policy limits, his failure to better explain the process is irrelevant because it would not change the outcome. Surely, you didn't think that medical bills magically disappeared. Still, that does not excuse the attorney's failure to better explain the process.

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.