Legal Question in Personal Injury in California

Story short, I was rear-ended on the freeway in 2010. My car was repaired. I went to Kaiser, got minimum back care from 5 physical therapy apt. so I stop going. So medical care was only $1K. Still have off and on back pain. My issue is I was advised: 1. Settlement is based on 3x the medical. 2. Insurance company didn�t respond so an extension was filed. Although I had to make a few lifestyle changes to avoid pain and I have slight fears about driving. This happened one week before my grandkids came to visit from Italy and I had to change all our vacation plans to exclude myself. I was off work 2 weeks and returned to modified work for months to avoid filing and lifting. I joined the gym and Weight Watchers and lost 40lbs to help my back.

I feel as if my attorney should have told me the difference between going to my own healthcare provider vs. specialized accident medical care providers. He asked for $25K. Then countered with $3,250. and He advised me to settle without future medical. So I was called to come in and sign a letter of settlement. He rescheduled twice and when I got there he was out but an assistant handed me the breakdown of: $3,250. (-$395 filing fees)+(-$1,072.50 attorney 33%)+(1,070. Kaiser Lien) which leaves me with $710.? I declined to sign it, he called to say he will try to work something out with Kaiser. I will never refer anyone to him. I wish I could start over with someone new. The settlement amount is a done deal, however I should pay for the filing? Why pay Kaiser again? That seems like double dipping!


Asked on 11/26/12, 11:12 am

1 Answer from Attorneys
Rob Reed Law Office of Robert A. Reed

The law considers it double dipping on your part when you get the benefit of paid medical treatment from Kaiser AND get money for medical treatment from the defendants.

"Settlement is based on 3x medical" hasn't been reasonable since about 1990.

Minimal medical care means a small settlement/verdict. This amount doesn't seem unreasonable, considering what you presented.

This being said, I have always had a problem with an attorney taking more in fees than what the client receives. I would recommend that you suggest a 50-50 split of remaining proceeds after filing fees and Kaiser lien. You would each get about $900.

Good luck,

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Answered on 11/26/12, 11:40 am


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