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Ely
Ely, Counselor at Law
Category: Legal
Satisfied Customers: 87469
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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i terminated agreement with attorney but will honor his lien no problem-but the medical li

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i terminated agreement with attorney but will honor his lien no problem-but the medical lien takes almost 50% of settlement-they made me come daily for a soft tissue back injury with me protesting all the way! the settlement is 10,500 with the medical lien being 4,000-he was partnering with the attorney which i didnt know and the lien agreement was buried in a paragraph in the medical agreement i signed. my fault!
Submitted: 1 year ago.
Category: Legal
Expert:  Ely replied 1 year ago.
Hello friend. My name is XXXXX XXXXX welcome to JustAnswer. Please note: (1) this is general information only, not legal advice, and, (2) there may be a slight delay between your follow ups and my replies.

I am sorry for your situation. Are you asking how to perhaps minimize what you owe the attorney? And/or, are you asking how to minimize what you we the physician? Or both? Or something else?

This is not an answer, but an Information Request. I need this information to answer your question. Please reply, so I can answer your question. Thank you in advance.
Customer: replied 1 year ago.


im asking to minimize what i owe the chiropractor and have that put on a payment schedule. they currently have a lien on my settlement. additionally they have been in the news for questionable practices which i shouldve researched long before now

Expert:  Ely replied 1 year ago.
Thank you, friend. Can you please tell me if the settlement has already been paid out and is in your attorney's escrow account, or, it has not been paid out yet?
Customer: replied 1 year ago.


no the company in question have sent me the terms of the settlement payout (factoring in the two liens), with the release form which i have not signed

Expert:  Ely replied 1 year ago.
Thank you, friend. One second while I type out your answer, please; apologies for the wait - the site seems to be a bit slow this morning....
Expert:  Ely replied 1 year ago.
J,

My apologies again for the wait. Allow me to explain how this works.

Your physicXXXXX XXXXXkely worked on a Letter of Protection. A Letter of Protection is a letter sent by your counsel to the physician agreeing for them to HOLD OFF on charging for medical services until the case is settled, and then to attach the bill to any settlement. In essence, the physician agrees to wait until the conclusion of the case to demand payment.

Normally what happens is that once the case is settled, the attorney takes their contingency fee, and the physician takes their fee, and then the rest goes to you.

Now, how do you minimize the medical fee? Well, after the matter is concluded, it is not unusual for the attorney to send a LETTER OF REDUCTION request to the physician that asks them to reduce the fee by 33%, or even 50% in some cases. Example:

To Whom It May Concern:
I am writing in regards XXXXX XXXXX case stemming from the injuries _______________ received in an automobile accident for which he was treated at your medical facility. The case has been settled.
Your office treated _______________ for the injuries he received from the accident. The total bill for his treatment is $_____________. Due to variables beyond control, the case has been settled for less than anticipated. We ask that you accept a payment of $_____________ of this total and that this amount would be sufficient to satisfy the balance. Please sign below if this offer is acceptable and send a copy back to our office via facsimile.
(Physician) accepts the total of $660.00 as total payment for the medical treatment provided to by this office to _____________and agree that upon receipt of such payment, his balance will be satisfied.


Now the attorney sends this out (or something akin to this) and the physician USUALLY agrees to at least a quarter of a reduction. Most have their attorneys do this for them. This should help reduce the cost.

I hope this helps and clarifies. Best of luck.

Please note: I aim to give you genuine information and not necessarily to tell you only what you wish to hear. Please, rate me on the quality of my information and do not punish me for my honesty. I understand that hearing things less than optimal is not easy, and I empathize.

Gentle Reminder: Please use the REPLY button to keep chatting, or RATE my answer when we are finished. Kindly rate my answer as one of the top three faces and then submit, as this is how I get credit for my time with you. Rating my answer the bottom two faces does not give me credit and reflects poorly on me, even if my answer is correct. I work very hard to formulate an informative and honest answer for you; please reciprocate my good faith. (You may always ask follow ups at no charge after rating.)
Customer: replied 1 year ago.

thank you for your prompt response! yes that request to reduce fee did not happen as the attorney and chiropractor work together! this is why i terminated agreement with the attorney, however, i will honor the legal lien. do you not think its feasible to contact the chiropractors main office and request the lien be taken off and a payment plan be put in place? i am not using an attorney so that contact and request would be coming from me

Expert:  Ely replied 1 year ago.
Hello friend,

Thank you for your follow up.

yes that request to reduce fee did not happen as the attorney and chiropractor work together.

I see.

do you not think its feasible to contact the chiropractors main office and request the lien be taken off and a payment plan be put in place? i am not using an attorney so that contact and request would be coming from me

Sure. Understand that all they want to do is get paid. Now you are intelligent enough to ask these questions, so you are obviously intelligent enough to negotiate - have faith in your own abilities. Remember that all they want to do is be paid. Contacting them (via telephone or letter) and proposing a payment (perhaps even asking them to lower it a bit more) is not unusual.

And yes, if you are not using counsel, doing this yourself is perfectly fine.

Gentle Reminder: Please use the REPLY button to keep chatting, or RATE and submit your rating when we are finished.
Ely, Counselor at Law
Category: Legal
Satisfied Customers: 87469
Experience: Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
Ely and 13 other Legal Specialists are ready to help you
Expert:  Ely replied 1 year ago.
Thank you for your generosity.

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