Legal Question in Personal Injury in Illinois

settlement in car accident

My question is when your lawyer calls you with the offer from the other party. Do you have to pay your medical bills or can you keep the money that the party is giving you to pay the bills is that your decision or are you obligated to pay the bills with that money.


Asked on 8/12/08, 10:10 am

3 Answers from Attorneys

Burton Padove Indiana and Illinois Lawyer, Burton A. Padove

Re: settlement in car accident

Your lawyer is in the best postition to guide you on this as he or she would be aware of any protection letters and/or medical liens on the file.

Bottom line: CALL YOUR LAWYER

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Answered on 8/12/08, 10:12 am
Nima Taradji Taradji Law Offices

Re: settlement in car accident

It depends:

If there are liens, your lawyer has to pay them before he pays you--this is according to lien law and he has no choice over it.

If there are no liens, you have two choices: 1- let your attorney negotiate a reduction in the bills -- since he is the best one to do so-- or 2) take the money and you deal with the eventual collection agencies etc... In that instance, your lawyer will probably have you sign a notice that he told you that you have outstanding bills and that you are responsible to pay them our of the proceeds of your settlement.

Some entities have automatic liens: workers compensation payment, medicare and madicaid and any other governmental assistance program who has paid all or part of your medical bills== You have to pay them before you get paid.

I hope this helps-

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Answered on 8/12/08, 10:49 am
Kelly Bennett Bennett Law Offices

Re: settlement in car accident

Call your attorney and ask him/her. There are many different scenarios and your attorney can properly advise you.

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Answered on 8/13/08, 3:48 pm


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