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John Legal
John Legal, Attorney
Category: Legal
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Experience:  Over 15 years legal experience.
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I have a personal injury attorney representing me in an mva

Resolved Question:

I have a personal injury attorney representing me in an mva I was rear-ended) for a contingency and once settled, he gets 30% of the settlement.

Now I am wondering, does he get 30% before my medical bills are paid? State Farm stopped paying my medical bills after one year (to the exact date of the accident). My bills are probably in the $10-$15,000 range.

Also, my health insurance company, who has been paying my medical bills for the past three years, has sent a letter stating they want to be reimbursed once I settle as well.

So how does this work? I am worried I could end up with nothing for my future medical bills.
Submitted: 3 years ago.
Category: Legal
Expert:  John Legal replied 3 years ago.
Welcome! Thank you for your question.

Unfortunately the contingency fee agreement usually states that he gets 30% of the total settlement. This is prior to your medical bills being paid and prior to the reimbursement that your health insurance is entitled. You need to make sure that before you accept any settlement number that you account for the amount that you will have to pay out for medical bills and reimbursement. You are correct that you could end up with little or nothing if not careful.

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Customer: replied 3 years ago.
I showed my attorney the letter from my medical insurance company, and he said they will have to sue State Farm on their own if they want to be paid back for the medical bills they have paid that are related to the accident.

Is this true?

I would think I need to pay them back for these payments!
Expert:  John Legal replied 3 years ago.
You need to check directly with your health insurance carrier. You likely have a contract with them that says that you will pay them back if you receive a settlement for damages for an injury that they covered. This is pretty typical language for a health insurance contract.
John Legal and 4 other Legal Specialists are ready to help you