If you have suffered injuries in an accident, you will want to pursue a personal injury claim. You will request a variety of damages through your personal injury claim. When you enlist the help of an attorney, your lawyer will gather up documentation to support your claim and determine which damages you suffered.
Your accident injury lawyer will work on a contingency basis, which means your lawyer will be paid by keeping a percentage of the final court award or settlement for your accident injury claim. The percentage your attorney is paid will be discussed and will be included in a contingent fee agreement. If you don’t get a judgment or a settlement, then your attorney will not be paid for your case.
You and your attorney will have a written contract that specifies the attorney fee, so you will completely understand how the fee is paid and how your case will play out. You should read the paperwork so there is no confusion regarding how your attorney is compensated.
Do Lawyers Get Paid Before Medical Bills?
If you have been injured in an accident and you require a lawyer to help prove who or what caused the accident, you don’t usually need to pay a lawyer before your medical bills are paid. This is because most lawyers who work on personal injury cases do not ask for fees upfront. They commonly work on a contingency fee basis which means they get paid when you receive your settlement from the insurer of the person or entity that caused your accident and injuries. Normally if your lawyer is unable to reach a settlement on your behalf you aren’t expected to pay any legal fees. However, if your lawyer negotiates a favorable settlement which you accept he or she will get your settlement check and deduct any fees owing.
After your lawyer has paid your medical expenses, dealt with the health insurer, and paid for any out-of-pocket expenses that are necessary when pursuing a personal injury lawsuit, your attorney’s fees will be deducted. As soon as all these matters are settled you will be handed the balance of your personal injury lawsuit. You can access your funds immediately after they have been deposited in your bank account.
If you are suffering financial hardship due to your accident and injury your attorney may be prepared to offer you a lawsuit loan. This is an advance on the pre-settlement funds you are going to receive through your personal injury claim.
When the Case Settles or There Is a Judgment
When a settlement is reached, or after the judgment is rendered by the court, the insurance company will have to cut the check and send it to your attorney. That can take several days or a few weeks.
You will have to sign a release with the insurance company. The release will say you are giving up your right to sue the liable party and in exchange, you are accepting the specified monetary sum. Then the check will be sent to your attorney. Your lawyer has certain responsibilities after the payment has been received.
The first thing that your attorney is do is pay the medical bills that have not yet been paid. Your attorney will then reimburse any health insurance company that has paid toward your medical expenses already.
Sometimes a lawyer can work out a subrogation agreement with the health insurance, which means that they will accept a percentage or portion of the cost as a full settlement. Your attorney will have to handle these legal matters.
The Rest of the Settlement
After medical bills are covered, your attorney will deduct any out-of-pocket costs associated with the claim, such as medical records, and will then deduct attorney’s fees. After all deductions have been handled, you will receive the balance of the funds in a check that has been cut from your lawyer’s office. The entire check processing is handled by the personal injury attorney’s office.
Consult With a Personal Injury Lawyer
If you have been injured in an accident that you think is the result of someone else’s negligence or wrongdoing, you should consult with a personal injury attorney who is licensed to practice in your state. With the help of a lawyer, your odds of a successful claim are much greater. Complete the Free Case Evaluation Form so an attorney can review the details of your case and determine the best way to proceed with your accident injury claim.
