Personal Injury Question?

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I have a question related to Pprsonal injury. My attorney billed 30K to the insurance as demand for not my fault accident 2 years ago but we were offered $20K only by the ins. I did't agree with that $20K & asked my attorney to send them a final offer of $25K to get it settled without lawsuit around 7 days ago so we are still waiting for the adjuster response. My chiro doctor who is a close friend of my friend asked to meet up with him & when I did, he told me that $20K is not enough & that I should pursue lawsuit as it opens the claim for more. Although I was hoping to get much more & was surprised for the low $20K, I no longer want to move this forward. I wanted some understanding such as whether the chiro doc wants me to go down the lawsuit route so that his medical bills will be paid in full along with the clinic where I got my epidural shot? Im not sure how the med bills work but if my attorney had sent the demand for $30K does it mean that it was all for the med bills only totaling that much or the meds were less than that $30K & she also demanded extra for her part of 30% & my 30% to all fit into that $30K demand of hers? She's out of town now so cant ask her & wanted clarification as to how the demand works. Im thinking that an attorney wouldnt demand $30K if she didnt feel that it will cover all medical costs I had plus both of our share of $30% each, right? Also, if they end up paying me the $20K, am I responsible for all med bills from my own pocket from my 30%?

A Hunch · Answer

Are you saying that she offered $30000 or $48000 which is $30000 + $9000 for the lawyer and $9000 for you?

How would we know what you agreed to do with the medical providers?  If you agreed to pay their bills in full, then you have to pay their bills in full regardless of what the actual settlement is.

The chiropractor was completely out of line suggesting that you proceed with a lawsuit.  Being a friend doesn't change that.

n2mama · Answer

So I have no idea of your exact situation. It would make sense for the 30k to more than cover your medical bills from the injury. I do not understand your reference to your 30%. The lawyer’s 30% I completely understand, and she will take that off the top of whatever amount you get, regardless of your other bills or expenses. So if your medical bills total 18k and you get 25k, the lawyer will take her 7500 right off the top of that 25k, leaving you with 17,500 total, meaning you would still owe 500 out of pocket to your medical providers. But again, I’m not clear on the comments about your 30%. If the lawyer gets 30%, why wouldn’t you get the other 70% for yourself, to cover your medical bills and compensate you for your pain and suffering? Why would you only get 30%, and what is happening to the remaining 40%?

You also need to get a clear idea of what your medical bills were, and if they have already been paid by the insurance, or if the settlement money would be expected to cover them. Also be aware that pretty much always, whether you settle or go forward with the lawsuit, the outcome has to cover all future issues related to the injury as well. As in, if you expect to have ongoing chiropractic care for a few years, you want to make sure you get enough money to cover those future treatments as well, or you will be paying for all that out of your own pocket.

You really need to talk to your lawyer. Even if she’s out of town you still should have the ability to send an email or call and leave a message.

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