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?
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.
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