Legal Question in Personal Injury in Texas

if an attorney collects on an personal injury case and does not pay all the medical he was suppose to is that legal malpratice

Asked on 7/08/14, 9:33 am

2 Answers from Attorneys

Roger Merrill Merrill & Associates

It depends. Sometimes the medical bills exceed the settlement. In that case, the attorney cannot possibly pay all the medical bills.

An attorney has a duty pay hospital liens and ERISA liens irrespective of attorney fees/expenses. After an attorney has deducted attorney fees/expenses, he has a duty to pay reasonable medical bills he has promised to pay. If there is money left over he pays that to the client. If the client asks him to pay other medical bills he may do so or give the money to the client and let the client pay.

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Answered on 7/08/14, 9:57 am
Andrew Traub The Traub Law Office, P.C.

Some other liens, called "super liens" like Medicare and Medicaid also have to be paid by the attorney or she can also be held liable.

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Answered on 7/08/14, 1:45 pm

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