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Does My Lawyer Have To Pay Medical Bills From My Personal Injury Case Settlement



A personal injury attorney can pay a client’s medical bills from that client’s personal injury case settlement. It is fairly common to have a healthcare insurer repaid from a client’s personal injury settlement. In fact, a majority of health insurance policies contain boilerplate that permits the insurer to be repaid for amounts relating to medical bills if the insured receives a subsequent personal injury settlement. The laws of a particular state might also govern whether attorneys’ fees and costs may be deducted from the total amount owed to an individual's healthcare insurer.

Medical Bills Don't Have To Be Held Until Case End

There are several ways to pay medical bills while a case is pending. Usually, these procedures are thoroughly discussed between a personal injury lawyer and client at the outset of the case. There are several alternatives to consider for sources of payment:

  • Health insurance from your employer
  • Health insurance purchased on your own
  • Health insurance your spouse has secured for your benefit
  • Health insurance your parents have secured for your benefit if you are a minor or a student below a certain age
  • Medical payments from your auto insurance if you were driving your car when you had an auto accident that caused the injuries
  • Your own funds if you lack insurance and are able to pay costs as they accrue
  • Workers’ compensation insurance if the injury happened at work, during performance of the job, and it resulted from employment, and/or
  • Liability insurance coverage for person(s) who caused your injuries. These are usually other drivers involved in a car accident. This rarely happens, though, while a personal injury case is pending. This type of insurance coverage is more likely to be paid at settlement instead of on an ongoing basis when medical bills and costs are accruing in real time.

Payment At Settlement

Note that if none of these alternatives for funding medical costs is available to you, your medical bills can be retained by either you or your attorney as discussed above. They will then be paid at a later time, which is usually when your case reaches settlement.

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