I’d have to read it to tell you, but it probably tells your lawyer to pay him when he settles the case. And if it does, that part of it is unenforceable.
A lot of people – including many medical doctors – think chiropractors provide valuable care.
But they can have trouble getting insurance companies – both health insurance and auto insurance – to recognize the effectiveness of their treatment. And large bills from chiropractors are often challenged by patients and insurance companies.
So in order to make sure they got paid, about 10 years ago – maybe more – chiropractors started making their car accident patients sign contracts. The documents basically instructed the patients’ lawyers – and the auto insurance companies – to pay the chiropractor his entire bill out of the settlement proceeds of the personal injury case.
Three years ago, the Ohio Supreme Court held these contracts were not enforceable. The chiropractor can’t make your lawyer or the insurance company hold his money out of the settlement proceeds without first suing you and obtaining a judgment. The name of the case is West Broad Chiropractic v. American Family Insurance.
You still might owe the chiropractor everything he says you do. But the chiropractor can’t make the insurance company – or your lawyer – hold it out of your settlement distribution.
And that gives your lawyer a little leverage if you want to negotiate with him.
I have been a lawyer over 30 years. It’s important to know about all the law that affects my clients. If you’ve been injured in an accident, talk with an experienced Cincinnati Personal Injury Attorney about the case. Call me, William Strubbe, at 513-621-4775.
Because all situations are different, and because there may be other facts pertaining to your case that I don’t know about, you should not rely on this answer for legal advice. I am not your attorney, and no lawyer client relationship has been formed.
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