Legal Question in Personal Injury in Florida
car accident,settling the bills
i had a car accident and had to have two surgery.from the settlement there is enough money to cover all medical bills and attorney's fees.because the first bill and the second bill did not get paid waiting for the settlement.it went to the collection agency.i have a letter of protection signed by my attorney.because my attorney could'nt get the agency to lower the bill she said to the agency she was not going to pay the second bill and it is my responsiblity to pay it. can she do this. i know one way or the other it has to be paid, she said not to pay it. i told her i need for her to pay it or they will ruin my credit she said they can't and i know better than that they can...am i not right. at first she said to send all my medical bill for this case.i had to pay out of pocket close to 5000. before i could have the surgery she has'nt address this matter of paying me back for this bill on my credit card. what can i do.i have'nt endorsed the settlement check as yet,because i want her to make arrangements to pay the agency for my surgery and the other bills.help
2 Answers from Attorneys
Re: car accident,settling the bills
I always advise my clients that they have an obligation to pay their medical providers. If you signed a letter of protection for the bill(s) then your attorney cannot disburse any money to you without resolving that bill(s). She can set a motion for equitable distribution for hearing to resolve your bills- you may want to ask her to do this. If no lawsuit has been filed she could file a petition to have the issue heard. This way the medical providers are forced to consider resolution of their bills that are related to your claim out of the same "pot" of money. Put your request to your lawyer in writing.
Re: car accident,settling the bills
NOTE: This communication is not intended as and should not be interpreted as legal advice. Rather, it is intended solely as a general discussion of legal principles. You should not rely on or take action based on this communication without first presenting ALL relevant details to a competent attorney in your jurisdiction and then receiving the attorney's individualized advice for you. By reading the "Response" to your question or comment, you agree that the opinion expressed is not intended to, nor does it, create any attorney-client relationship, nor does it constitute legal advice to any person reviewing such information, nor will it be considered an attorney-client privileged communication. If you do not agree, then stop right here, and do not read any further.
The bills should be taken care of from the settlement. Your attorney should negotiate with the medical providers to get them to reduce the amounts demanded. Generally, most will if they are given full and complete information about the monies that are available. The attorney might also have to reduce her fee in order to make the settlement work. If not, she may have settled the case for too little money.
Scott R. Jay, Esq.
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