Legal Question in Personal Injury in Colorado

in a personal injury settlement, can the attorney handling the case for my patient, make a settlement and send me a check for half my billing, and tell me that's all the insurance company allowed for medical expense. I have a lien. jack


Asked on 12/17/10, 9:38 pm

1 Answer from Attorneys

Andrew Myers Law Offices of Andrew D. Myers

The final resulution of medical bills should be negotiated and resolved by agreement. Do you have an actual lien supported by state statute, or just a piece of paper signed by the patient and possibly the attorney? When I settle a case, as a practical matter, I try to achieve an amicable settlement to which all will agree. However, on occassion, where the medical bills in the file do not appear reasonable or necessary, or where the settlement is less than desired, I have no reservation in offering less than the full value and the medical provider has a choice to either (a) work with us, which is what usually happens and we can amicably negotiate a final agreement as to payment of the bill, or (b) not work with us, at which point all bets are off. The medical providers must understand that the personal injury attorney's sole duty is to the client, the injured person, and not to the medical providers. The personal injury attorney is not a collection attorney.

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Answered on 2/23/11, 3:46 am


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