Legal Question in Personal Injury in California

Re: unpaid medical bill

Typically, lawyers will sign a lien with the doctors for medical treatment, including x-rays. If there is something in writing that you and the lawyer signed showing that the lawyer would pay medical bills from the settlement, you are entitled to a copy. Tell the lawyer you want a copy of your retainer agreement and all medical liens. If those documents contain such agreement and the medical bills weren't paid, then you might contact the State Bar for further assistance, or another lawyer to write a strong letter. If there were liens, the lawyer is still obligated to pay despite the disbursement of the settlement proceeds.

Re: unpaid medical bill

I agree with Mr. Cohen's answer but there is another point you need to keep in mind. The settlement may not have been large enough to pay all of the bills, and it is very unlikely that the lawyer agreed to pay any of your medical expenses beyond what the settlement (after deducting the attorney's fee and expenses) would cover. If the full amount of the settlement has been disbursed and some of your bills aren't paid, they are your responsibility.

Re: unpaid medical bill

The other driver or his ins. co. doesn't pay your bills. They are included in the one total settlement amount. Did your atty have a lien agreement with the x-ray provider? If so, the atty should have paid the bill from your settlement. Call your atty and the facility to see if you or your atty signed a lien. Get a copy of it. What does your settlement disbursement say? Does it show a payment for the x-ray? If there was no lien arrangement, you may be responsible for the bill yourself. If you are in Orange County, you can call me for further help.

Re: unpaid medical bill

Previous answers are correct. You can find out if there were liens by asking the medical providers for copies. If you didn't sign lien forms, and the attorney didn't sign lien forms, then the bills are your responsibility unless your Retainer Agreement or other documents prove the attorney agreed to pay the bills. If he agreed to pay the bills from recovery and instead paid the money to you, the effect and outcome are the same. It is highly unlikely he would have agreed to pay the bills before spliting out his percentage of recovery. It is possible you simply did not get enough recovery to pay all the bills.