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 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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