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Lawyers Can’t Claim Fees for Paying Physician Liens

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Physicians who file liens in personal injury cases are not subject to the equitable fund doctrine (i.e. paying lawyer fees), which allows attorneys to receive compensation from all parties benefiting from the attorney's work in recovering damages.

Physicians are not required to pay the attorney's fees in honoring their liens because the patient is responsible for paying for the physicians' services regardless of the personal injury claim.

The Illinois Appellate Court has ruled that courts are not authorized to reduce the amount of the physician liens as long as the total amount of physician liens is not more than one-third of the settlement.

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