In auto insurance claim where the other person was at fault and their insurance is to pay. Or do medical bills get paid for seperatly from the settlement?
Denny
Depends on what you negotiate with your lawyer initially. All of that is established up front when you give them the okay to handle your case.
bubbacornflakes
Generally, the lawyer will negotiate a settlement on top of medical bills, i.e., if you slipped and fell on the pavement in front of someone's building, the party at fault would (a) pay your medical bills and (b) pay some pain and suffering award. It is the latter award that your lawyer would take a piece of. The question of what to do about compensation for lost wages is a matter of negotiation with your lawyer. If you expect a decent sized settlement, I advise you also to talk to a tax accountant about how settlements are taxed.
solidandgrounded
Typically, an attorney will take 1/3 of the TOTAL settlement. If the insurance company pays you 100% of your meds, plus pain and suffering, the atty would get 1/3 off the top, but they will usually negotiate your med bills down to where everyone gets a little something...
BUT... if the insurance company thinks your medical treatment is excessive (60% of the time) then they will offer you what they feel is necessary. The attorney will take his 1/3 and leave you with the rest.. This is what hapens in most of the cases I deal with.
Send me a message if you would like to discuss further.
jerry
It depends on the state. Some states, medical bills are paid seperately from any "pain and suffering claim" (such as NY and NJ) and in others they are included (such as RI and CT).
When you retain an attorney, you signed a retention agreement that lays out how much they get. Usually it is 1/3 gross plus expenses (if they have to pay to file paperwork, they will many times add that cost in above their 1/3). They get the 1/3 gross, off the top, then you get the remainder to cover any expenses or liens that remain.
Understand, that the insurance company doesn't take the gross/net attorney costs into account. If they evalutate your claim at $ 10,000, for example, they aren't going to give you $ 15,000 to cover the attorney costs and leave you with $ 10K - they are going to give you $ 10K, then the attorney will take his $ 3333 out of that, leaving you with $ 6666 of the $ 10,000.
Orignal From: Do lawyers get 1/3 off top ? Do you pay medical bills from your 2/3 share of settlement?
Post a Comment