Legal Question in Personal Injury in Florida

Re: is a letter of pri\otection binding if one of the parties does not accept it

There is an opinion by the florida bar that speaks to the LOP issue. I can send it to you if you shoot me an e-mail.

Generally, if you and the doctor and the lawyer have signed the LOP, then that operates as a lien on the case and she can't give the funds to you without the approval of the doctor and the/or the court.

If you have signed an LOP -- but the doctor has not -- then there is no LOP. An LOP is a contract and if the healthcare provider has not signed it, the LOP doesn't exist.

You should (in writing) tell your lawyer not to send out any more LOPs. You may instruct her not to pay anyone that does not have a fully executed LOP or other contractual lien or right of reimbursement (like a health insurance company). While she can't force you to pay the doctor and she cannot pay herself without your prior approval -- you will still owe the doctors the money and they may pursue a claim against you. Often times, when you have settled, there is a good opportunity to negotiate your health care fees down; but, if you don't want to pay, your lawyer cannot force you to do so in the absence of an LOP or other legal or contractual lien/reimbursement right.