In a UM case where there is also Medpay, do you take your contingency fee from the total amount before the Medpay offset (for Ca or similar states). Example, gross case value is $15k, including $5k for medicals, but those bills were paid by client's Medpay insurance. So insurance applies an offset for $5k and cuts a check for $10k settlement. Do you take your one third fee from $15k or $10k? If the latter, seems odd that the fee is less than if Medpay was used in a 3rd party case. Thanks.

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I charge on Med-pay if I successfully negotiate a waiver of subrogation and it's not causing my fee to exceed the client net, but there's no clean answer on what to do. Look at your fee agreement and state rules.

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Nope, I don’t charge a fee on med pay. Med pay is not a portion of the liability settlement, it is its own thing. It’s paid to be used exclusively to cover medical bills, hence why many carriers insist on paying it straight to the medical provider.

Call the ethics hotline for your state specific bar, they will give some insight.

You settled the case for 10k, your fee is based on that.

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Yup, you always need to get the med pay paid to your firm not the bills, then get a waiver of subrogation. Then you just added $5k to the settlement and you get a higher fee.

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