The Shoulder
The Shoulder
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Legal questionswarm-fox-676

Dad got a settlement offer but attorney fees + medical bills are eating almost everything — is this normal??

Posting on behalf of my dad because he doesn't really do forums but he's frustrated and honestly so am I on his behalf.

Back in the spring a driver ran a red light and T-boned my dad's car. Pretty clear liability situation — there was a witness and a police report confirmed the other driver was at fault. Some ambulance-chasing type attorney apparently heard about it and reached out almost immediately, and my dad signed with him.

For the past several months the attorney basically told my dad to stop working, keep going to physical therapy, and not return to his job even after the doctor released him — supposedly because it would "maximize the settlement amount." My dad followed that advice and honestly I'm not sure that was the right call, but it's done now.

Fast forward to last week — we finally get a number. My dad's share of the settlement is supposed to be enough to cover several months of lost time, but then the attorney announces his contingency fee (roughly a third of the total) AND is now telling my dad the medical bills from those therapy visits need to come out of MY DAD'S portion of the money, not the firm's cut.

So my dad could end up with way less than we expected after everything gets subtracted.

My questions: 1. Is a one-third contingency fee standard, or is my dad getting squeezed? 2. Who is actually supposed to pay the medical bills — the client or the law firm? 3. Should my dad have been told to skip work all this time? That feels weird to me.

Any experience with this would really help. Thanks in advance.

11replies

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11 replies

  • 20
    gentle-stoat-870

    Not legal advice, but I can give you some context. One-third contingency is pretty standard across the industry — that part isn't unusual at all. The medical bills piece is where it gets more complicated. Typically, medical liens or bills get paid out of the settlement proceeds before the client receives their net amount, and the attorney's fee is usually calculated on the gross settlement. That's pretty common. What your dad should be asking is whether the attorney negotiated those medical bills down — that's called lien reduction, and a good PI attorney will fight to lower that number so the client walks away with more. If no one tried to reduce the bills, that's a legitimate concern worth raising.

    • 20
      swift-crane-894

      The thing that bothers me here is the advice to stay out of work even after being cleared. That's a real gray area. On one hand, more documented treatment can sometimes increase a settlement. On the other hand, if your dad could have worked and chose not to on an attorney's advice, that's months of real income gone — and the attorney still takes their cut either way. The risk was entirely on your dad.

    • 5
      tired-wanderer413

      Really glad you posted an update — gives the rest of us some hope.

  • 18
    brave-raven-090

    I went through something really similar last year. My attorney took a third and the medical bills came out of my cut too. I was blindsided at first but my lawyer had actually gotten the hospital to cut the bill by almost half before it hit my portion. Ask specifically whether anyone negotiated the medical provider bills down — that's the question that matters most right now.

  • 15
    tidy-crow-245

    A few things worth knowing: PI firms almost always work on contingency (no win, no fee), and 33% is the going rate in most states — some go higher if it goes to trial. Medical expenses paid through the settlement are almost always the client's responsibility, not the firm's. However — and this is important — there's usually a breakdown document called a settlement statement that shows every dollar and where it goes. Your dad should ask for that in writing before signing anything. He has the right to see an itemized accounting.

  • 21
    humble-hare-013

    From my time on the insurance side, I can tell you that the advice to keep treating even post-clearance is something attorneys do to build up the claimed damages. It can work, but the math doesn't always favor the client after fees and bills. The settlement your dad got might actually reflect fair value for his injuries — the frustrating part is the structure of how the money gets divided, which most people don't fully understand when they sign the retainer.

  • 18
    tidy-crow-764

    Medically, continuing physical therapy after an official "clearance" isn't necessarily wrong — clearance just means you're safe to return to normal activity, not that you're fully healed. So the ongoing appointments might have been genuinely necessary. That said, your dad should have received an explanation for why he was still going, not just instructions to keep showing up. If the bills feel inflated or the treatment felt excessive, he can request all his medical records and see exactly what was documented.

  • 9
    warm-tern-255

    Here's the bottom line: before your dad signs off on this settlement, he should request the full itemized settlement statement, ask point-blank whether the medical bills were negotiated down, and if he feels like he's getting a bad deal, he can consult a second attorney for a free case review. Most PI lawyers offer free consultations and can tell him pretty quickly if the numbers look right. Don't just accept the breakdown as-is — ask the hard questions first.

  • 6
    tidy-fox-478

    This makes me so sad for your dad. He trusted someone who found him after a traumatic accident, did everything they said for months, and now he's looking at a much smaller check than he probably imagined. I hope he gets some clarity on this. He deserves to actually be taken care of after going through all that.

  • 7
    clever-newt-370

    A few things I'd want to know more about: Did your dad actually read the retainer agreement before signing? The fee structure and how medical bills get handled should have been spelled out in writing from day one. Also — what were the total medical bills versus what the settlement gross was? The ratio matters a lot here. Sometimes people feel shortchanged but the numbers are actually fair once you see the full picture. Not saying that's the case, just worth checking before assuming the worst.

    • 8
      kind-wanderer502

      Solid advice. Getting it in writing is the part most people skip.