Legal Question in Personal Injury in Wisconsin

personal injury

My case settled five years ago. One of the doctors didn't claim their money so my lawyer sent me a check this year. Now the chiropractor has sent me to collections. Is this legal? Shouldn't they contact my lawyer since he took care of ALL of my medical bills?


Asked on 9/29/08, 7:45 am

4 Answers from Attorneys

Jonathan Safran Samster, Konkel & Safran, S.C.

Re: personal injury

If it was a legitimate bill which you owed, then you would still owe the bill. I am not sure what you mean when you stated that the doctor "didn't claim their money so my lawyer sent me a check this year." If the chiropractor had a signed lien, then the attorney was obligated to pay the bill. If you pay the bill now, then I am not sure how you are any worse off than if he had paid the bill originally. If the bill was not paid by either you or the attorney, then I assume that the chiropractor has a right to send you bill to a collection agency for payment.

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Answered on 9/29/08, 6:02 pm
Alan Wagner Wagner, McLaughlin & Whittemore P.A.

Re: personal injury

No. The Chiropractor can still come after you. Call and negotiate it. They will accept less.

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Answered on 9/29/08, 8:21 am
Gordon Fenderson Fenderson Law Firm

Re: personal injury

Yes. The chiro can do that. He would like to be paid and it is your responsibility. The chiro and the lawyer don't have the agreement.

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Answered on 9/29/08, 8:29 am
JAY Nixon nixon law offices

Old Medical Bills Coming Up Long After Personal Injury (PI) Settlement

Although I don't know nearly enough to answer your specific question, under some circumstances, debtors can have a defense against creditors who wait too long before collecting on their bills. Either passage of the statute of limitations or the legal doctrine of lasches (unreasonable delay to the detriment of a party) can sometimes stop such a collection. However, such defenses are often deemed by the court to be waived by you unless they are asserted properly and promptly after the matter comes up. You need an attorney to represent you in order to make sure that this protection is properly preserved. Of course, if you told your attorney not to pay the bills but refer them to you for payment at the time of settlement, you may have already waived this.

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Answered on 9/29/08, 10:52 am


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