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Common Expenses, Liens, and Fees in a Personal Injury Case

Posted Aug 18, 2019 by Matt Boulton

Ultimately, the attorney-client relationship is built upon questions and answers. If communication is strong, and expectations are clearly defined, the outcome of a case can be better than the client even anticipated.

For this reason, Boulton Law Group was built upon openness, community, and a family-like approach. Transparency is at the forefront of our staff’s every action. We demand it of ourselves on behalf of every client and caller to our firm.

And nowhere is this characteristic more important than when discussing the potential value of a client’s case and what case expenses, liens, and fees may affect the bottom-line dollar amount of their personal injury settlement check.

What types of case expenses, liens, and fees can affect a personal injury case?

Before we discuss potential expenses, liens, and fees in detail, it is important to quickly recap how your case reaches this step:

First, you must finish treatment and have been released by your doctor. Once this happens, attorney Boulton will request and order a final listing of all your related medical records and bills. Once they are received, he and his staff will review the totality of these records to better understand the short-term and long-term effects the accident may have caused.

Next, he will discuss with you the potential strengths and weaknesses of your case and the dollar amount he wishes to obtain on your behalf. Once you have given him permission to request this amount, he will create a demand package and negotiate a final settlement from the insurance company.

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Last, once the insurance company agrees to the requested amount, we ensure all the appropriate case expenses, liens, and fees are accounted for in the final settlement before issuing you a check.

Some common case expenses, liens, and fees associated with a personal injury settlement may include the following:

Medical records case expenses 

As discussed above, medical records are essential to your personal injury case. Without official medical records and bills, the insurance company will outright dismiss your claim or significantly reduce the value of any potential case.

Boulton Law Group will work with you to gather a list of all the related medical providers and emergency personnel associated with your accident. We then ensure a complete listing of official records and documentation is ordered and received on your behalf.

Trying to do this on your own can prove cost-prohibitive and/or difficult and confusing, as there are often times dozens of providers involved in the care and treatment of your injuries.

The final cost of ordering and obtaining all your medical records will be accounted for and subtracted out of the final settlement before you are issued a check.

Police/Accident report(s) case expenses

Critical to the liability of every accident claim is an Indiana police report. Without an official report, the insurance company will quickly call into question your version of the events and potentially dismiss your claim.

Boulton Law Group will order and obtain your official report as well as any supplemental reports that may be filed associated with your accident.

Costs associated with obtaining an Indiana police report will be accounted for and subtracted out of the final settlement before you are issued a check.

Medical payments coverage liens

In the event that you have medical payments coverage on your auto policy, your insurance company may pay out immediately on medical bills and other accident-related care.

Medical payments coverage exists in various amounts under an auto policy. Victims may have $1,000, $5,000 or beyond in coverage. If, after your accident, you are unsure how much medical payments coverage is available to you, Boulton Law Group will help you determine the limits.

In the event that your auto insurance pays out on medical payments coverage, they will want to be paid back by the at-fault party’s insurance company. To make sure this happens, your auto insurance will issue a lien on any future settlement related to the accident.

Health insurance and/or Medicare and Medicaid liens

Depending on your coverage and other circumstances, it is possible that your health insurance carrier will pay the bills related to your injuries caused by the accident.

Similar to an auto insurance medical payments coverage lien, the healthcare company will want to be reimbursed by the negligent party’s insurance carrier, so they will issue a lien on any future settlement related to the accident.

Boulton Law Group works to ensure all health care liens are accounted for and documented. Additionally, when possible, we will also attempt to negotiate these liens at a lower rate so that you receive a larger amount in your final check.

Trial expenses

While most cases do not require the need for a jury trial, there are always exceptions. If attorney Boulton believes the insurance company is being unreasonable, he may talk with you about the option of taking the case to court.

In the event that he believes your case would benefit from a jury trial, attorney Boulton and his staff will ensure that any of the various expenses related to the lawsuit are subtracted from the settlement amount before a final check is issued to you.

Some of the most common expenses might include:

  • Court filing fee costs
  • Costs of depositions
  • Hiring and retaining experts on your behalf, e.g., doctors, accident reconstruction engineers, etc.

Attorney contingency Fees

Boulton Law Group works on a contingency fee basis. This means you pay us nothing until we win your case. (See a further explanation below regarding our Zero Fee Guarantee.)

The contingency fee is a risk-free way of ensuring your case is presented in the strongest manner possible without having to pay anything out of pocket while the case is ongoing.

Specifically, the Boulton Law Group charges accident clients a 1/3rd (33.3%) fee to handle its clients’ cases. Most importantly, our fee will never be more than the net amount our client receives.

You should ALWAYS discuss the contingency fee with your attorney before hiring them. It should always be clear and easy to understand.

Similar to the other potential fees and liens above, the Boulton Law Group’s contingency fee will be removed from the settlement amount before a final check is issued on your behalf.

Are the expenses, liens, and fees in my case fair?

Anytime you pursue a personal injury claim, there is often a combination of expenses, fees, and liens. In some instances, they are dictated by state law. The key is to retaining the right lawyer to help you appropriately navigate the process, and in some instances, such as with health insurance liens, negotiate them to lower amounts.

An experienced Indianapolis personal injury lawyer will not only be able to account for all the appropriate expenses, liens and fees on your behalf, they will be able to present them to you an itemized statement that accounts for each and every one.

A fair settlement should not only cover expenses, liens, and fees, it should also account for your medical treatment, lost wages, and pain and suffering.

What does Boulton Law Group’s Zero Fee Guarantee mean?

We are extremely proud to be able to offer injured victims a Zero Fee Guarantee. What this means is that you pay us nothing for legal consultations and/or advice, nor do you pay us anything up front to investigate your potential case. Additionally, there are absolutely no fees until we win your case.

Operating in this manner helps to ensure that every Indiana accident victim can have access to award-winning legal representation, despite the status of their personal finances. In short, because we operate on a contingency fee basis, you do not need to worry about being able to afford a reputable lawyer.

To speak with attorney Boulton about your potential case, contact him direct by calling 317-350-2680, or write to us using our confidential contact form.

We look forward to learning more about your story and going to work for you!

Matt Boulton

Author Matt Boulton

Attorney Matt Boulton is an award-winning personal injury attorney with more than 25 years of experience helping seriously injured people throughout Indiana. He designed his firm for the client who expects exceptional service and passionate, successful legal representation.

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