If I am in an accident & my attorney wins my case, the money owed to me for personal injury will I loose all of to medical bills or going to therapy?

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If I am in an accident & my attorney wins my case, the money owed to me for personal injury will I loose all of to medical bills or going to therapy?

Will I get compensated apart from my medical bills, or will the physical therapy consume what the insurance is going to pay?

Asked on June 10, 2009 under Insurance Law, Texas

Answers:

M.S., Member, Connecticut Bar / FreeAdvice Contributing Attorney

Answered 14 years ago | Contributor

The general rule is that any outstanding bills or costs are paid out of the settlement/judgment money prior to your receiving it.  For example, suppose you recover $12,000.  Usually the attorney's fee is 1/3, which in this case would be $4,000.  That would leave you with $8,000.  The attorney's costs (filing fees, subpoenas, transcripts) might be $1,000.  That would leave you with $7,000.  Now suppose your medical bills total $5,000.  That would mean that you would eventually receive a check for the remainder, $2,000.  Nevertheless, if you feel that you are not receiving the money that you are entitled to you should demand that your attorney provide you with a copy of your fee agreement as well as a full accounting, and then allow another attorney to review those documents to determine if your attorney has engaged in any misconduct.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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