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


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

Answered 11 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.

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