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Trial Pro P.A. is proud to advocate for accident victims all over the state of Florida, including from our Central Florida office in Orlando. Our dedicated experienced personal injury attorneys handle a range of legal matters, from employment disputes to auto accidents claims. We can use our knowledge and legal skills to help you not only achieve a favorable outcome but relieve the legal burden on your shoulders as well. Our entire team understands how challenging and confusing litigation can be, which is why we are here for you through every step of the process.

The Trial Pro, P.A. attorneys, carry more than a century of collective legal experience and decades of working together as a team. We have represented hundreds if not thousands of people who have been injured due to car accidents, slip-and-fall, worker's compensation cases, and more. One thing that is clear to us is the essence of partnership. Without it, Trial Pro, P.A. could not be as effective in attaining success for our clients.

Do I have to pay my Medical Bills from my Settlement?

Frequently Asked Questions - Do I have to pay my Medical Bills from my Settlement?

Do I have to pay my Medical Bills from my Settlement?

Yes, you should pay your medical bills from your settlement.  However there are many different circumstances regarding your medical bills to be paid out of your settlement. 

First, when negotiating a settlement amount with the insurance company, your medical bills were factored in as part of the negotiated settlement amount.  Your medical bills are part of the “special damages” of your claim.  Special damages are compensation for your medical bills and lost wages.  

If you are in an auto accident, your own auto insurance pays a part of your medical bills which is called your PIP coverage (personal injury protection).  Most people carry what is required by Florida law - $10,000 in PIP coverage.  This means that your insurance carrier will pay 80% of your medical bills up to $10,000.  If choose to have a deductible of $1000 on your PIP coverage – you will be responsible for the first $1,000 in medical bills.  You will also be responsible for the 20% that PIP did not pay and anything over the $10,000 paid out by PIP coverage.   It is important to remember that you must seek medical treatment within 14 days from the day of your accident. If you do not seek medical treatment within 14 days you will not receive any PIP benefits for any medical treatment after the 14th day.   Also, a medical doctor must determine that you had an Emergency Medical Condition (EMC) in order for you to qualify for the full $10,000 of  your PIP benefits.   If you do not have a doctor say you have an “Emergency Medical Condition” you will only be entitled to $2,500 in PIP benefits for your medical bills.

There is also additional coverage you can buy on your auto policy that is called Med-Pay.  Med-pay can be bought in various amounts of $5,000 and up.   Med-pay will cover the 20% that PIP did not pay and will pay medical bills after PIP is exhausted up to the med-pay limit.   For example, if you have a policy of $10,000 PIP, no deductible, and $5,000 in med pay, your auto insurance will pay 100% of the medical bills up to $15,000.  However, you should know that most of the insurance carriers will assert a lien against your settlement for the med-pay that they have paid out on your behalf.  

With serious injuries you also might have used your health insurance.  Your health insurance will also assert a lien against any settlement proceeds. 

However, Florida law requires that if you have an attorney for your claim the amount that must be repaid for the health insurance lien or the med-pay lien will be reduced based on the percentage of the attorney’s fee and their costs.   For example, if you settled your case before a lawsuit was filed the attorney fee would be 33 1/3%, so at minimum, your med-pay lien or health insurance lien will be reduced by 33 1/3%.   If a lawsuit was filed and an answer to the Complaint was filed, the attorney fee will be 40% and the lien would be reduced by 40%.   Sometimes the costs on your case are not enough to increase the percentage amount.

Also, if your PIP coverage is exhausted and you still need treatment or need to see a specialist, such as an orthopedic surgeon or a neurosurgeon, your attorney may be willing to sign what is called a “Letter of Protection” for you to continue treatment.   A letter of protection is a guarantee to the medical provider from the attorney that the medical provider’s bill will be paid out of your settlement.

If you have a slip and fall case, and you have health insurance most likely you will have to use your health insurance for your emergency room visit and any other treatment may have to be under a “Letter of Protection”.   Some health insurance policies will not cover medical bills if it is related to someone else’s negligence.  If your health insurance does cover your medical bills, your health insurance company will assert a lien as discussed above and your attorney will have to pay the lien out of your settlement.

If you are treated under a Letter of Protection, there is a hospital lien, health insurance lien, or med-pay lien, your attorney will pay these out of your settlement.  However, your attorney will negotiate the reduction of these bills in order to put more money in your pocket. 

If there are no liens for any of your medical bills it is still advisable for your attorney to try to negotiate these bills for a reduced amount and pay them out of the settlement.  The last thing you and your attorney want is to still be getting phone calls from debt collectors for these bills after the case has been closed.

In some unfortunate cases, there is limited insurance coverage and the outstanding medical bills exceeds the settlement amount.  In those cases, your attorney will contact all the medical providers and request that each take a pro-rata share of the settlement as a full and final payment.  However, some medical providers are not willing to voluntarily accept the pro-rata share, which is usually pennies on the dollar.   Your attorney will then file a Petition for Equitable Distribution. The Petition will include the circumstances of the personal injury claim, the settlement amount, and list all the outstanding medical bills and the pro-rata share for each medical provider.   Once all the medical providers are served a copy of the Petition for Equitable Distribution, they have 20 days to file an Answer to the Petition with the Court.   Ultimately a hearing will be scheduled, and a Judge will decide on how the funds are to be disbursed.   In most cases, the Judge will enter an Order approving the Pro-Rata share to each provider.   A Petition for Equitable Distribution is very rare and is a last resort for your attorney to get the medical bills resolved so that the medical providers do not sue you or your attorney for their balance.



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We are dedicated to fully serving you to every degree. We vow to make the entire process of working with us as easy and as stress-free as possible. Therefore, we are more than happy to meet with you at your home, place of employment, hospital room, or other location that you find more convenient. You are always welcome to come into our office as well. Contact us Today!

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Car Accident Attorneys

With more than a century of collective legal experience and a commitment to hard work, excellence, and integrity, we have recovered millions of dollars in damages on behalf of our clients.
Our goal is to enable our clients to sit back and focus on their recovery, knowing that the team at Trial Pro, P.A. has the experience and resources to effectively handle all of the legal details involved in their case.

Personal Injury Law

We put our knowledge and legal abilities into action to assist you to attain a positive outcome and ease the legal stress from your shoulders simultaneously. Trial Pro, P.A., holds a reputation for achieving real success for clients. Please leave it to us to fight wisely but aggressively.

Car Accident Attorneys

Experiencing a car accident can be frustrating and scary, but our promises to you are fully authentic. Trial Pro, P.A.'s injury attorneys, do not under-deliver. Instead, we do everything in our capabilities to go above and beyond your expectations.

Slip and Fall Accidents

Our objective is to enable our clients to relax and concentrate on healing, recognizing that the legal professionals at Trial Pro, P.A. holds the knowledge and resources to adequately tackle all the legal and financial specifics associated with their dispute.

What Our Clients Say

What Our Clients Say About Our Personal Injury Attorneys

"From the beginning we knew we were in good hands."
Clarence,
Personal Injury Case
Trial Pro got me $491,000
"I wouldn't be where I am today without Trial Pro."
Clarence,
Personal Injury Case
Trial Pro got me $998,000
"Trial Pro satisfied client 2021"
Client,
Car Accident Case
Trial Pro got me $1,900,000
"We are really glad that we choose you guys to represent us."
Nicole,
Personal Injury Case
Trial Pro got me $1,000,000
"Trial Pro makes sure you get what you deserve."
Ashley,
Personal Injury Case
Trial Pro got me $795,000
"Trial Pro satisfied client 2021"
Client,
Car Accident Case
Trial Pro got me $1,510,000
"When I hired Trial Pro, I didn't have to worry about anything."
Mark,
Motorcycle Accident Case
Trial Pro got me $810,000

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Our goal is to make the process as easy as possible for you. You don't even have to come into our office if you cannot travel or adjust your schedule to make it to us. We're more than happy to come to you!

In addition to traveling directly to our clients, the team at Trial Pro, P.A. also pledges to provide clear advice and regular client communication. We know how vital regular contact with our clients is - we never leave you hanging or delay our responses. 

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Orlando Personal Injury Attorneys

After experiencing an automobile accident, the last thing you desire is to have an attorney at hand that doesn’t know how to represent you adequately. You want a reputable law firm that will.

Serious Representation
We put our knowledge and legal abilities into action to assist you to attain a positive outcome and ease the legal stress from your shoulders simultaneously. Trial Pro, P.A., holds a reputation for achieving real success for clients. Please leave it to us to fight wisely but aggressively. 
Unmatched Case Results
Experiencing a car accident can be frustrating and scary, but our promises to you are fully authentic. Trial Pro, P.A.'s injury legal attorneys, do not under-deliver. Instead, we do everything in our capabilities to go above and beyond your expectations. 
Committed to Our Clients
It would help if you didn't have to beg for a call back from your attorney. It would be best if you didn't have to beg for an update on your case. At Trial Pro, P.A., we don't operate in that manner. We constantly call our clients to give them updates on their claims. If we miss a call, we promise always to return it.
Compassionate In & Out of Court
Our objective is to enable our clients to relax and concentrate on healing, recognizing that the legal professionals at Trial Pro, P.A. holds the knowledge and resources to adequately tackle all the legal and financial specifics associated with their dispute.

Pursuing Client Victories

Based in Florida, Trial Pro, P.A. represents clients across Florida from our offices in Miami, Orlando, Ft. Myers, Naples, Delray Beach, Jacksonville, and Daytona Beach. We are dedicated to fully serving you to every degree. We vow to make the entire process of working with us as easy and as stress-free as possible. Therefore, we are more than happy to meet with you at your home, place of employment, hospital room, or other business that you find more convenient. You are always welcome to come into our office as well.

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Trial Pro P.A. is proud to advocate for accident victims all over the state of Florida. Our dedicated, experienced personal injury attorneys handle various legal matters, from employment disputes to auto accidents claims. We can use our knowledge and legal skills to help you not only achieve a favorable outcome but relieve the legal burden on your shoulders as well. Our entire team understands how challenging and confusing litigation can be, which is why we are here for you through every step of the process.


Trial Pro P.A. Orlando Office

  (407) 300-0000

 250 N Orange Ave 14th Floor
Orlando, FL 32801


Trial Pro P.A. Tampa Office

  (813) 522-5444

 1000 N. Ashley Drive, Suite 512
Tampa, FL, 33602


Trial Pro P.A. Naples Office

  (239) 300-0000

 1019 Crosspointe Dr Suite 1
Naples, FL 34110


Trial Pro P.A. Fort Myers Office

  (239) 400-5000

 9341 Marketplace Rd
Fort Myers, FL 33912


Trial Pro P.A. Melbourne Office

  (321) 586-2088

 2551 W. Eau Gallie Blvd., Suite 102
Melbourne, FL, 32935

Contact Info

250 N Orange Ave, 14th Floor

Orlando, FL 32801

help@trialpro.com

(407) 300-0000


Our law firm fights aggressively -- always determined to win your case. 

Trial Pro, P.A. Car Accident Attorneys

Trial Pro, P.A.

The information on this website is for general information purposes only. The Information presented at this site should not be construed as formal legal advice nor the formation of an attorney-client relationship. For medical advice and treatment, you should contact a licensed medical professional.