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By: Michael L. Beckman | CEO & Lead Trial Attorney, Viles & Beckman Injury Attorneys
If someone else’s negligence left you injured, 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 surprised to learn they do not receive the full 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.
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What is included in a personal injury settlement?
A personal injury settlement is designed to compensate an injured victim for the losses caused by an accident. Depending on the case, a settlement may include compensation for medical expenses, lost wages, future treatment costs, pain and suffering, and other damages. However, the total settlement amount must also account for attorney’s fees, case expenses, medical liens, and other obligations before the final distribution is made.
What does a personal injury settlement actually cover?
A settlement resolves all claims related to your accident. Once you sign, you cannot go back and seek more money from that party for the same incident. The gross settlement amount, say $100,000, does not go straight into your 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 takes a slice of the settlement, which is why having an experienced attorney negotiate matters. The goal is always to maximize what actually lands in your hands.
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How much does a personal injury lawyer take from a settlement?
At Viles & Beckman, we work on a contingency fee basis, meaning clients do not pay any upfront legal fees. Our fee is a percentage of what we recover for you, and if we do not recover anything, you do not owe an attorney’s fee.
Under Florida Bar Rule 4-1.15, the standard fee is 33⅓% of the recovery when a case settles before a lawsuit is filed. On a $100,000 pre-suit settlement, that works out to about $33,300 in attorney’s fees. If the case requires filing a lawsuit and litigating, the fee typically rises to 40%. For recoveries above $1 million, the percentage steps down under a tiered structure designed to protect clients with larger settlements.
Separately, case expenses are reimbursed from the settlement. These include things like medical records, court filing fees, expert witnesses, and depositions. They vary case to case, but they are what allow us to build a strong claim and push for full value.
Why do medical bills and liens reduce my settlement?
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.
Medical providers can do something similar. If a hospital or doctor treated you and agreed to wait for payment until your case resolved, they can assert a medical lien against the claim so they get paid from the proceeds.
This is where good lawyering quietly adds up. We negotiate with lienholders to reduce what they claim wherever possible, which puts more money back in your pocket.
Click To ContactDoes a settlement cover future medical expenses, not just past bills?
Yes. A well-built settlement accounts for both. Path medical bills cover the treatment surgeries, rehab, and therapy you have already had. Future medical costs cover what you are reasonably expected to need going forward, such as:
- Additional surgeries
- Ongoing physical therapy
- Prescription medications
- Medical devices
- Long-term rehabilitation
We work with medical experts to estimate those future needs and fold them into negotiations, so you are not left covering accident-related care out of pocket down the road.
How is pain and suffering calculated in a settlement?
Pain and suffering covers the physical and emotional toll of the accident. Unlike a medical bill or a lost paycheck, it is not tied to a specific dollar figure on paper. It reflects the severity of your injury, how long recovery takes, and the lasting impact on your daily life. Insurance companies routinely undervalue this, and pushing back on that is a big part of what we do.
Can I recover lost wages and lost earning capacity?
If your injury kept you from working, your settlement should make up for the lost wages during recovery. And if the injury causes a longer-term disability, you may also have a claim for loss of earning capacity, which compensates you for no longer being able to earn what you did before the accident.
What is loss of consortium?
When a serious injury affects your relationship with your spouse or family, the loss of companionship, affection, or support, a claim for loss of consortium may be part of the settlement.
What happens if liens are not paid from my settlement?
Most settlement agreements include a legal obligation for you to resolve and pay valid liens tied to the case. If a lien is ignored or left unpaid, you can be held personally responsible for it later.
Some government liens carry extra teeth. Under the federal Medicare Secondary Payer rules, for example, failing to reimburse Medicare can expose a party to double the amount owed. The same general principle applies to unpaid hospital and provider liens: they do not just disappear. That is why we carefully review every case and make sure all valid liens are properly negotiated and resolved before funds are distributed.
How does Viles & Beckman help maximize my settlement?
Clients want to keep as much of their settlement as possible, and that is the whole point of how we work. We take proactive steps to negotiate with lienholders and providers to bring down what they claim, so you walk away with more while every legal obligation still gets met.
Our post-settlement process
- Finalizing the settlement agreement. Both parties sign a release that officially resolves the case and prevents further claims.
- Receiving the settlement funds. The insurer or at-fault party issues payment, which we deposit into a client trust account.
- Negotiating and paying liens. We work with providers, health insurers, and other lienholders to reduce the amounts owed.
- Executing the closing statement. You get a clear, itemized breakdown of fees, costs, and liens. You review and sign it before any money moves, so there are no surprises.
- Issuing your final check. Once all obligations are handled, you receive your net settlement, the amount left after everything is paid.
The bottom line on your settlement
A settlement compensates you for your injuries and losses, but the gross number is not the number you take home. Attorney’s fees, medical bills, liens, and case costs all come out first. Knowing that going in keeps your expectations grounded and lets you focus on what actually matters, which is healing.
At Viles & Beckman, we are committed to maximizing what our clients receive while handling every financial obligation the right way. If you have questions about your settlement or need experienced representation, contact Viles & Beckman today. Our team is ready to fight for the compensation you deserve.
