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Is my lawyer lying to me?

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G

galosat

Junior Member
What is the name of your state (only U.S. law)? Connecticut

My question involves an injury that occurred in the state of: Connecticut

My wife had an accident a few years ago.
We settled this year in Feb 2010.
My lawyer took his part first then he took another ammount to pay medical bills (insurance) than the rest he issued me a check.

1st Question:
Should he have taken his part first or after the medical bills we're paid?

2nd Question:
I work for a big company which provides me with health insurance. I pay a part and they pay a part which is taken on every paycheck.
Did I have to pay the insurance back that money they we're trying to collect or was that a mistake by my lawyer?

Please help!!!

I thank you!
 


T

tranquility

Senior Member
The contingency arraignment is usually based on the settlement. So, that's probably right.

The insurance compensation, based on subrogation is probably right too. The argument that you paid for some is interesting, and you might find a hungry lawyer to argue the matter, but, I don't know of any cases which support it.
 
R

racer72

Senior Member
Sounds typical to me. Most attorneys take their cut from the total settlement. And why should you profit from the medical payout?
 
Zigner

Zigner

Senior Member, Non-Attorney
tranquility said:
The argument that you paid for some is interesting, and you might find a hungry lawyer to argue the matter, but, I don't know of any cases which support it.
Click to expand...
The "part" our OP paid is his portion of the monthly premium. OP is not entitled to that back.
 
D

davidmcbeth3

Senior Member
galosat said:
What is the name of your state (only U.S. law)? Connecticut

My question involves an injury that occurred in the state of: Connecticut

My wife had an accident a few years ago.
We settled this year in Feb 2010.
My lawyer took his part first then he took another ammount to pay medical bills (insurance) than the rest he issued me a check.

1st Question:
Should he have taken his part first or after the medical bills we're paid?

2nd Question:
I work for a big company which provides me with health insurance. I pay a part and they pay a part which is taken on every paycheck.
Did I have to pay the insurance back that money they we're trying to collect or was that a mistake by my lawyer?

Please help!!!

I thank you!
Click to expand...
Maybe asking these ? back in FEB would have been better? He should have given you a full check for the settlement. Then you write him a check & then a check for the medical bills. I think a SCOTUS ruling this year or last discussed this issue..cannot recall the case though (hence my response--maybe before SCOTUS ruling?). Other than these defects (and I consider them big defects, others may not), it looks correct.
 
E

ecmst12

Senior Member
That's not how it works. Insurance check is made out to you and lawyer, you sign and lawyer issues check for your portion.
 
A

acmb05

Senior Member
Zigner said:
The "part" our OP paid is his portion of the monthly premium. OP is not entitled to that back.
Click to expand...
I think what the OP meant was he had been paying his premiums and his insurance may have covered most of the medical bills. The insurance company issued a check for the amount of the settlement including medical bills.

I think the OP wants to know if he has to reimburse the insurance company for any bills they may have paid. Seems the lawyer got a copy of all the bills but did not bother to see what had or had not been paid by insurance already.
 
E

ecmst12

Senior Member
You would be wrong. The lawyer has a lein on the settlement and they HAVE to put both names on the check. How the money is divided will be described (probably in great detail) in the contract with the lawyer.
 
H

Hole9yard

Member
same thing happen to me and a friend, you pay for heath insurance for things normally go wrong or normal heath problem a car accident is not normal so your heath insurance will get repaid for the money it dishes out.
 
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