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When you suffer injuries in an accident caused by someone else’s negligence, you have the right to seek compensation for your losses. Many personal injury cases resolve through a settlement rather than going to trial. A settlement is a negotiated agreement where the at-fault party (or their insurance company) agrees to pay a sum of money in exchange for releasing all claims related to the accident.
While a settlement provides financial relief and helps injured individuals move forward, many clients are often surprised when they realize they do not receive the entire settlement amount. The total settlement must cover various costs, including attorney’s fees, case expenses, medical bills, and liens. Understanding how settlements work and what they cover is crucial to managing expectations and ensuring all financial obligations are met.
What a Settlement Covers
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A settlement resolves all claims related to an accident, meaning that once an agreement is reached and signed, the injured party can no longer pursue further compensation from that party for the same incident. The gross settlement amount—for example, $100,000—does not go directly into the client’s pocket. Instead, it must account for all damages and expenses associated with the case, including:
- Attorney’s Fees
- Case Expenses and Litigation Costs
- Past Medical Bills
- Future Medical Costs
- Pain and Suffering
- Lost Wages
- Loss of Consortium (Impact on Spouse or Family)
- Liens from Health Insurance or Medical Providers
Each of these elements represents a portion of the settlement, which is why it is critical to have an experienced personal injury attorney negotiate the best possible outcome to maximize the final amount that the client receives.
Attorney’s Fees and Case Expenses
At Viles & Beckman, we work on a contingency fee basis, meaning clients do not pay any upfront legal fees. Instead, our fees are a percentage of the settlement or verdict we recover on their behalf. If we secure a $100,000 settlement, and the agreed-upon attorney’s fee is 33.3% (standard in pre-litigation cases), then $33,300 would be allocated to attorney’s fees.
Click To ContactAdditionally, case expenses—such as costs for medical records, court filings, expert witnesses, and depositions—are reimbursed from the settlement amount. These expenses vary from case to case, but they are essential for building strong claims and securing maximum compensation.
Medical Bills and Liens
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One of the most significant factors that reduce the final take-home settlement amount is outstanding medical bills and liens. In Florida, when a health insurance company or government program (such as Medicare or Medicaid) pays for medical treatment related to the accident, they have a legal right to be reimbursed from the settlement proceeds. This is known as a statutory lien.
Similarly, medical providers who have treated a client and agreed to wait for payment until the case resolves—must be paid from the settlement. In many cases, hospitals or doctors assert medical liens against the claim to ensure they receive compensation for their services.
Failing to properly resolve these liens can result in legal and financial consequences for the client. That’s why our firm negotiates with lienholders to reduce their claims whenever possible, putting more money in our clients’ pockets.
Past and Future Medical Expenses
A personal injury settlement also considers both past and future medical expenses. Past medical bills include any treatments, surgeries, rehabilitation, or therapies already provided due to the accident. Future medical costs cover anticipated expenses such as:
- Additional surgeries
- Ongoing physical therapy
- Prescription medications
- Medical devices
- Long-term rehabilitation
We work closely with medical experts to estimate future medical needs and factor them into settlement negotiations to ensure clients have enough compensation to cover ongoing treatment.
Pain and Suffering
Pain and suffering refers to the physical and emotional distress caused by the accident. Unlike medical bills or lost wages, pain and suffering damages are not based on specific monetary losses but rather on the severity of the injury, the length of recovery, and the long-term impact on a person’s life.
Insurance companies often undervalue pain and suffering, but our firm fights to ensure our clients receive a fair amount for the true impact of their injuries.
Lost Wages and Loss of Earning Capacity
If an injury prevents a person from working, the settlement should compensate for lost wages during recovery. In cases where injuries result in long-term disability, a claim may include loss of earning capacity, which compensates for the inability to earn the same income as before the accident.
Loss of Consortium
If an injury significantly affects a person’s relationship with their spouse or family—such as the loss of companionship, affection, or support—a claim for loss of consortium may be included in the settlement.
Why It’s Important to Pay Off Liens From Your Settlement
Many clients do not realize that settlement agreements often include a legal obligation for the plaintiff to resolve and pay all liens related to the case. This means that if a lien is ignored or unpaid, the client could be held responsible for it later.
For example, if a health insurance company has a valid statutory lien for $20,000, but the client fails to pay it from the settlement, they could face legal action from the insurance provider. In some cases, the law allows the lienholder to recover as much as 3 times the amount of the actual lien. The same applies to unpaid medical bills and liens from hospitals, doctors, or specialists.
To avoid financial and legal complications, Viles & Beckman carefully reviews every case to ensure that all outstanding liens are properly negotiated and resolved.
How Viles & Beckman Helps Clients Maximize Their Settlement
At Viles & Beckman, we understand that clients want to receive as much of their settlement as possible. That’s why we take proactive steps to negotiate with lienholders and medical providers to reduce the amount they claim. This helps clients walk away with more money in their pockets while ensuring all legal obligations are met.
Our Post-Settlement Process:
- Finalizing the Settlement Agreement – Once a settlement is reached, both parties sign a settlement release, which officially resolves the case and prevents further legal claims.
- Receiving the Settlement Funds – The at-fault party or insurance company issues payment to our firm, and we deposit it into a client trust account.
- Negotiating and Paying Liens – We negotiate with medical providers, health insurers, and other lienholders to reduce the amounts owed before finalizing payments.
- Executing the Closing Statement – We provide the client with a detailed itemization of the settlement, outlining attorney’s fees, case-related expenses, and any medical bills or liens to be paid. This ensures complete transparency regarding the distribution of settlement funds. The client must review and sign this statement before any disbursements can be made.
- Issuing the Final Settlement Check to the Client – Once all obligations are met, the client receives their net settlement, which represents the amount left after paying all necessary expenses.
Conclusion: Understanding Your Settlement Outcome
While a settlement provides compensation for injuries and damages, it is essential to understand that the gross settlement amount does not equal the final amount a client receives. Attorney’s fees, medical bills, liens, and other expenses must be accounted for before the client receives their share.
At Viles & Beckman, we are committed to maximizing our clients’ settlements while ensuring all financial obligations are handled properly. Our team works diligently to negotiate the best possible settlement and reduce liens, allowing clients to focus on healing and moving forward without financial worries.
If you have questions about your personal injury settlement or need experienced legal representation, contact Viles & Beckman today. Our compassionate and dedicated team is ready to fight for the compensation you deserve.
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