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Miami Injury Lawyer > Blog > Insurance > Can You Keep Your Insurance Claim Money for Your Personal Injury in Florida?

Can You Keep Your Insurance Claim Money for Your Personal Injury in Florida?


If you have been injured due to another person’s negligence in a vehicle crash or any other accident, you may be eligible for financial compensation through a personal injury claim. The compensation can be awarded to the victim through a settlement or verdict. But can you keep all of the insurance claim money awarded?

This is a tough question to answer because each case is unique. That is why it is advised to discuss your particular situation with a skilled personal injury lawyer in Miami.

How Insurance Claim Money is Distributed in a Florida Personal Injury Case

Typically, injured persons cannot keep the full amount that they are awarded through an insurance claim in Florida. A portion of your personal injury claim money is distributed to several parties to reimburse them for medical expenses, legal costs, and attorney’s fees.

Medical Expenses

If your injury was caused by someone else’s negligence, you might be able to obtain compensation for your medical expenses. Unfortunately, it can take months or years before you receive the insurance claim money. While waiting for the compensation, you will most likely have to pay your medical bills out of pocket or through your health insurance.

If you used your health insurance to cover your medical bills, your insurer would put a lien on your personal injury settlement. In other words, a portion of your insurance claim money will go toward reimbursing your health insurance company. The lien will be removed when the insurance company is fully reimbursed.

However, if you paid your medical bills out of your own pocket, you can keep the insurance claim money that you will receive for your medical expenses.

Attorney’s Fees

Since most personal injury attorneys in Florida work on a contingency basis, you may not have to pay your lawyer upfront for their services. If you have a contingency fee arrangement with your attorney, your lawyer will only be paid if he or she wins your case.

When your lawyer successfully obtains compensation on your behalf, a percentage of your insurance claim money will cover the cost of legal services provided by your personal injury lawyer in Florida. However, if you receive no compensation, you will not be required to pay for their services.

Legal Costs

A personal injury lawyer may incur a variety of legal costs in the process of handling your case. Those expenses may include filing costs, court fees, the cost of obtaining a police report, as well as fees associated with retaining accident reconstruction specialists and other expert witnesses.

When you receive your insurance claim money as part of your settlement or verdict, a portion of the money will be used to reimburse your lawyer for all the legal costs that they paid during your personal injury case.

Can You Keep Your Personal Injury Settlement Money?

In short, you can keep all the remaining insurance claim money after the appropriate parties, including your health insurance company and attorney, are reimbursed for the medical expenses, attorney’s fees, and legal costs. It is advised to speak with an experienced Miami personal injury attorney to make sure that you receive the maximum compensation you deserve. Contact our attorneys at Pita Weber Del Prado to evaluate your case. Call at 305-670-2889.


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