I was rear-ended and I’m concerned about my lawyer “running up costs.” Does this mean that unethical lawyers send clients to doctors just to inflate medical bills, getting them as close as possible to the policy limits? For instance, if the at-fault party has a policy limit of $30,000 and my medical bills reach $28,000, that leaves only $2,000 for me. Is that the kind of situation they’re talking about? Also, where does the lawyer take their cut in this scenario?
I was hit in a different state while driving a Tesla Model Y, and my lawyer is trying to find a doctor who will work with me on a lien. It’s challenging since I’m from another state, but maybe that’s a blessing in disguise—at least I won’t have to deal with a potentially shady doctor colluding with my lawyer. I’m feeling very confused about the whole process.
Should I look for a doctor myself? Is pain management a better option than seeing an MD? Can I skip chiropractic care and go straight to physical therapy? What about massages—would those be covered? I’m unsure about the next steps, and my lawyer isn’t providing much assistance because of the out-of-state situation.
Oh, and just to add, I don’t have health insurance.
It sounds like you’re in a really complicated situation, and it’s understandable to feel overwhelmed. Let’s break down some of your questions and concerns.
Running Up Medical Bills: Yes, the term “running up medical bills” often refers to a situation where medical professionals, in collusion with lawyers, might add unnecessary treatments or visits to maximize the payout close to policy limits. In your hypothetical scenario, if the at-fault party’s policy limit is $30k and your medical bills reach $28k, it leaves very little for you after legal fees.
Lawyer’s Cut: Typically, lawyers take a percentage of the settlement amount, which can range from 25% to 40%, depending on the agreement you have with them. This percentage would be taken from the total settlement amount (in your example, they would take their cut from the $30k, not just what you get after medical bills).
Finding Doctors: Since you’re dealing with an out-of-state accident, it can indeed be challenging to find a doctor willing to work on a lien basis (where they get paid from your potential settlement). It’s okay to call around for doctors in the area where the accident occurred. Look for specialists who have experience with accident cases.
Types of Care: Pain management doctors can sometimes provide a more comprehensive treatment plan, especially if you’re experiencing significant pain. Physical therapy (PT) can often be beneficial and is typically covered in auto accident claims. While chiropractic care can help with certain types of pain, it’s valid to choose the treatment that feels right for you. Massage therapy can also be included, but coverage can vary, so you’ll want to confirm that with your lawyer and potential treatment providers.
No Health Insurance: Not having health insurance can complicate things, but many injury doctors understand that and will work with you on payment options, often accepting a lien or payment upon settlement. It’s good to express your situation openly with any potential doctors you contact.
Next Steps: Since your lawyer is struggling to coordinate treatment due to the state difference, don’t hesitate to advocate for yourself. Calling around for doctors in the area where you were injured is a great step. Gather a list of potential providers and discuss options with your lawyer to ensure they align with your treatment and legal strategy.
Overall, stay proactive about your treatment and keep communication open with your lawyer. If you feel your current lawyer isn’t helping sufficiently, you might also consider seeking a second opinion or another attorney who specializes in accident claims. Good luck!