Prairieville, LA asked in Car Accidents for Louisiana

Q: if settlement checks are written separately with one being to client and the other specifically to the medical company

In regards to settling of an auto accident claim when you are presented with the checks 1 is written to me and another to the medical company alone to satisfy the lien for the amount I owe them would my represented attorney also add that portion to the check written to me when determining his amount to be paid his fee?

I am aware that if the settlement check is one amount and the medical reimbursement as well as any other personal injury payment together than the attorney takes his portion off of the top, then medical liens, fees, etc etc.

I was curious if that was the the same guidelines when the check is from auto insurance company and written out only to the medical providers name in the amount of the lien. It doesn’t have my attorney, my name, only the health group?

Related Topics:
1 Lawyer Answer
Douglas Lee Bryan
Douglas Lee Bryan
  • Personal Injury Lawyer
  • Marksville, LA
  • Licensed in Louisiana

A: It would depend on the wording of the contract between the client and lawyer. Most contracts state that the fee is a percentage of "all amounts recovered." Therefore, the fee would be a percentage of the total settlement, including the lien, in most cases. Many times, the attorney will attempt to get the insurer or PPO to reduce their lien by the amount of the fee, out of fairness to the client. Sometimes they aren't very negotiable, unfortunately.

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.