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

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.

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
Answered

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.

James L. Arrasmith
PREMIUM
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Answered

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.

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