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What It Is, and Why You Are Owed One
A settlement disbursement statement shows your whole settlement and every dollar that came out of it. It lists the insurer's payment, your attorney fee, case costs, each medical bill or lien paid, and the money left for you. A firm may call it a settlement statement, closing statement, or distribution sheet. The names differ. The document is the same.
Your lawyer owes you this statement. Under ABA Model Rule 1.5(c), "Upon conclusion of a contingent fee matter, the lawyer shall provide the client with a written statement stating the outcome of the matter and, if there is a recovery, showing the remittance to the client and the method of its determination." Most states follow the same basic rule.
Why this page matters more than it sounds
Every settled case has two numbers, and people almost always remember the wrong one. Gross settlement means the amount the insurer paid. Net settlement means the amount that reached your bank account. Your disbursement statement is the one document that shows both. You need it to answer the questions that come after closing: Was the settlement reasonable? Were the liens handled correctly? What does the payment mean for your taxes?
Find Out What the Claim Was Worth
Your Statement, Line by Line
Each firm uses its own format, but the lines almost always follow the same order. That is because they show the order in which the money moves. Here is a $90,000 settlement from start to finish.
| Line | Amount | What it means |
|---|---|---|
Gross settlement | $90,000 | The full amount the insurer paid. Use this number when comparing settlements. |
Attorney fee, one third | $30,000 | Your signed fee agreement sets this percentage. Make sure the statement uses it. |
Case costs | $9,000 | Money the firm spent on your case. You should see a list of costs, not one round figure. |
Health plan repayment | $14,200 | A plan that covered your treatment and has a right to repayment from your settlement. |
Hospital lien | $6,500 | A provider's claim against your settlement. Many states set a limit on how much it can take. |
Net to client | $30,300 | The money you receive. Here, you keep about 34 cents of each settlement dollar. |
A full statement names everyone paid. One line saying "Medical providers, $20,700" is not an accounting. The health plan and hospital should each have their own line and amount. Without that detail, you cannot tell whether either demand was reduced before the money was sent.
For how long each stage takes and why liens can delay your check, see our settlement check timeline. That guide explains when the money arrives. This one explains where it went.
The Line That Moves the Most Money
One choice on your statement changes more money than most people realize, yet it has no line of its own. Was the fee worked out on the full settlement, or on what was left after case costs? Both methods are allowed. They leave you with different checks.
Under ABA Model Rule 1.5(c), your fee agreement must be written, signed by you, and say "litigation and other expenses to be deducted from the recovery; and whether such expenses are to be deducted before or after the contingent fee is calculated." Find that part of your agreement. It tells you which amount the lawyer uses to work out the fee. Now compare both methods on the same $90,000 settlement.
Fee figured before costs
Settlement | $90,000 |
Fee, one third of $90,000 | $30,000 |
Costs | $9,000 |
Repayments | $20,700 |
Client receives | $30,300 |
Fee figured after costs
Settlement | $90,000 |
Costs first | $9,000 |
Fee, one third of $81,000 | $27,000 |
Repayments | $20,700 |
Client receives | $33,300 |
The shortcut that works on any case
Some states decide the method for you. New York requires the fee to be worked out "on the net sum recovered after deducting from the amount recovered expenses and disbursements" for expert testimony, investigation, and other services that belong in the case costs. In plain language, those costs come out first. Where the state does not set the method, your signed agreement does. That is why the agreement has to spell it out.
What Belongs in Case Costs
The attorney fee pays for the firm's work. Case costs are separate: money the firm actually paid to prepare your claim. If you see one round number on the costs line, ask for the list behind it. Each cost should be a specific charge, not a guess.
Normally a cost
- • Medical records and imaging charges
- • The police or crash report
- • Court filing and service fees
- • Deposition transcripts and court reporters
- • Expert and investigator fees
- • Postage, courier, and copying
Normally not a cost
- • Office rent and utilities
- • Staff and paralegal salaries
- • Case management software
- • Advertising that brought in the case
- • A flat administrative charge without an invoice showing what it paid for
- • A separate charge for negotiating your liens when your agreement did not mention that charge
The attorney fee pays for the firm's work and office expenses. Case costs repay money the firm paid to someone else for your claim. That is the difference. Every cost should have an invoice behind it, and you can ask the firm to show you.
Who Actually Has a Right to Be Repaid
After the fee, repayments usually take the biggest share of your settlement. But those demands are not all alike. Some parties have a legal right to the settlement money. Others just have an unpaid bill. Knowing which is which lets you do more than read the statement. You can question what was paid.
Medicare: a federal right, but a reducible one
You must repay Medicare for accident treatment it covered. But under 42 CFR 411.37, Medicare must lower its repayment demand to account for its share of your attorney fees and costs. If the Medicare line equals everything it paid, that reduction probably was missed. Our guide to checking a settlement you already accepted shows the calculation with real dollar amounts and explains the deadlines. Check it before paying the demand as written.
Medicaid: wider reach than most people expect
In Gallardo v. Marstiller, decided June 6, 2022, the Supreme Court said the Medicaid Act allows a state to seek repayment from settlement money set aside for future medical care. It is not limited to money covering treatment Medicaid already paid for. That is why the Medicaid line can be bigger than the bills you remember.
Health plans: a contract, and contracts get negotiated
An employer or private health plan that paid for your treatment usually seeks repayment under the plan's own terms. Its right comes from that document, rather than a statute. The first demand and the amount the plan finally accepts are often different. That reduction is normally worked out before your check is sent. Your statement should show the final amount paid.
Hospital liens: real, and usually capped
Most states allow a hospital to file a lien against your injury settlement. Most of those laws cap what it can collect and require specific notice steps before the lien can be enforced. If your statement shows the hospital getting its full bill in a state with a cap, ask why the limit was not applied.
A plain unpaid bill: no special right at all
An unpaid provider without a lien or a signed agreement to be paid from your settlement is an ordinary creditor. It has a bill, not a special right to your settlement money. You still owe the bill. But you can negotiate that amount in a way you cannot with a federal repayment demand.
How to Get Your Statement If You Never Received One
Many people sign the statement at closing, leave without a copy, and need the gross settlement years later. You can get that document back more often than you might think. The rules back you up. Follow these steps in order rather than assuming an old file is out of reach.
- Put your request in writing and ask for a "full accounting." ABA Model Rule 1.15(d) says a lawyer "shall promptly render a full accounting" when a client asks about property held for them. Send an email, so you have a record of the request.
- The age of the case is not an answer. Rule 1.15(a) requires complete client trust account records to be kept for five years after the lawyer stops representing you. Many states require longer. If your case is within that period, the firm is still required to have those records.
- In New York, the court system also received a copy. Under 22 NYCRR 603.25, the lawyer must file a closing statement within 15 days after receiving or sharing the money. It goes to Office of Court Administration-Statements, Post Office Box 2016, New York, NY 10008. The lawyer must also give you a copy. It must list the full settlement, the insurance carrier, the amounts left for you and the attorney, and each medical or lien payment separately.
- Without an attorney, you can find the gross settlement in two other places. Your signed release states the amount, and the insurance company's claim file records it too. Write to the carrier and ask for a copy of the release you signed.
- If the firm ignores you, this is exactly the kind of complaint the state bar handles. Failing to account for client money is one of the most common reasons for a bar inquiry. The process is free. Look on your state bar's website for its client assistance or attorney grievance office.
Ask for the whole thing at once
Check the Math in Ten Minutes
Most questions about a statement start with numbers that need checking. Start there rather than with an accusation. Put the statement and your fee agreement next to each other and work through these six checks.
- Add up every deduction. Take that total away from the gross settlement. The amount left should match your check.
- Check the attorney fee percentage against your signed agreement. If the fee was figured before costs, divide it by the gross settlement. If costs came out first, divide it by the settlement after costs were taken out.
- See whether the firm took costs out before or after working out the fee. Your agreement should say which method to use.
- Make sure the costs appear one by one. Ask for the invoice behind any cost you do not recognize.
- Check that every repayment names who received it. Ask whether each demand was reduced before it was paid.
- If the fee goes up when a lawsuit is filed, make sure the firm did not charge that higher rate on a case that settled before filing.
If a number still does not make sense, write to the firm. Name the line and dollar amount you want explained. Clerical mistakes are far more common than anything worse, and a clear question usually gets a clear answer.
Once you know the gross settlement, you can answer the question that made you look for the statement. Our guide to whether a settlement you already accepted was too low compares that amount with what claims actually pay. Our guide to how much of a $25,000 settlement you keep shows the same deductions on a smaller case.
Settlement Statement Questions
What is a settlement disbursement statement?
It is the page that lists your full settlement, the attorney fee, case costs, each medical bill or lien paid, and what you keep. A firm may call it a settlement statement, closing statement, or distribution sheet. These are names for the same document. Under ABA Model Rule 1.5(c), your lawyer must give you a written statement when a contingent fee case ends. It must show how much you receive and how that amount was worked out.
How do I get a copy of my settlement statement from my attorney?
Request it in writing, and ask for a 'full accounting.' ABA Model Rule 1.15(d) says your lawyer must promptly account for money or property held for you when you ask. Rule 1.15(a) requires trust account records to be kept for five years after the lawyer stops representing you. The firm cannot use an old case as a reason the records are missing within that period. If it ignores your request, the state bar handles complaints about firms that fail to account for client money.
Am I entitled to see how my settlement money was divided?
Yes. You do not have to hope the firm will do you a favor. ABA Model Rule 1.5(c) requires a written statement when a contingent fee case ends, and Rule 1.15(d) requires an accounting when you request one. Most states have adopted both rules in substance. You have a right to see the full settlement, every deduction, and the name of each person or organization that was paid.
Should the attorney fee be taken before or after case costs?
ABA Model Rule 1.5(c) allows either method. Your written fee agreement, signed by you, must say which one the firm will use. The choice changes your check. At a one third fee, $9,000 in costs means taking costs out first leaves $3,000 more for you. That is one third of the costs. You can do the same check with the fee percentage in your own agreement. New York does not leave this to the agreement. It requires the fee to be worked out after expenses are taken out.
In what order does the money come out of a settlement?
First, the insurer's check goes into the law firm's client trust account. ABA Model Rule 1.15(a) requires your money to stay separate from the firm's money. Next come the attorney fee and case costs. Then Medicare, Medicaid, health plans, hospitals, and others with a right to repayment are paid. You receive what is left. Being last in that line explains why your check can look nothing like the settlement amount.
What counts as a case cost?
Case costs are what the firm spent to prepare your claim: charges for medical records and the police report, filing fees, service of process, deposition transcripts, expert fees, and postage. The firm's rent, staff salaries, and everyday office expenses are not case costs. The attorney fee already pays for those. Each cost should have an invoice behind it, and you can ask to see that invoice.
Can medical bills take my whole settlement?
Medical repayments can use up most of your settlement. On a small claim, they sometimes take almost all of it. This is the most common reason a fair-sounding settlement leaves you with a disappointing check. The way to fight that is to reduce the demands. Medicare must lower the amount it takes to cover its share of your fees and costs under 42 CFR 411.37. Many states cap hospital liens. An unpaid bill without a lien can be negotiated.
Can Medicaid take part of my settlement?
Yes, and the rule covers more than many people realize. In Gallardo v. Marstiller, decided June 6, 2022, the Supreme Court said the Medicaid Act allows a state to seek repayment from settlement money set aside for future medical care. It is not limited to the part paying for treatment Medicaid already covered. That decision explains the Medicaid deduction on your statement.
How long does the law firm have to keep records of my settlement?
Under ABA Model Rule 1.15(a), the firm must keep complete client trust account records for five years after it stops representing you. Many states require longer. If your case ended within that period, the records supporting every line of your statement must still exist. Know that before accepting an answer that the firm cannot find anything because the case is old.
What if the numbers on my statement do not add up?
Check the numbers before accusing anyone, because most errors are clerical. Add the fee, costs, and every listed payment. Subtract that total from the full settlement. Does the amount left match your check? If it does not, ask the firm to explain in writing. Do the same if a lien was paid in full when it should have been reduced. Name the exact line and dollar amount you are questioning.
Why am I getting a check from a settlement distribution?
A later check usually comes from money the firm held back while it worked on a lien. Once the provider or health plan agrees to take less, the firm sends you the amount left over. Ask for an updated statement showing the final lien payment. That matters because the reduction is often larger than the original demand led you to expect.
Do I need to report settlement money on my taxes?
Money for a personal physical injury or physical sickness is generally not taxable. Punitive damages are. The wording of the settlement can change the answer, so bring both the release and the disbursement statement to a tax professional. Our guide for people who think their settlement was too low explains the tax treatment in more detail.
Sources
- American Bar Association, Model Rules of Professional Conduct, Rule 1.5: Fees. The written statement required at the conclusion of a contingent fee matter, and the requirement that the agreement state whether expenses come out before or after the fee.
- American Bar Association, Model Rules of Professional Conduct, Rule 1.15: Safekeeping Property. Client trust accounts, the five year record retention period, and the accounting owed on request.
- Legal Information Institute, Cornell Law School, 22 NYCRR 603.25. New York closing statement filing within 15 days, service on the client, required contents, and the fee computed on the net sum after expenses.
- Legal Information Institute, Cornell Law School, Gallardo v. Marstiller, decided June 6, 2022. State Medicaid repayment from settlement money allocated to future medical care.
- 42 CFR 411.37, via the Legal Information Institute at Cornell Law School. The three step calculation that shrinks a Medicare repayment line by the claimant's share of fees and costs.
Now Compare That Number to What the Claim Was Worth
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