For a settlement for a car accident of $10,000 with $6,600 in medical bills, should my lawyer get $3,300 off of the top?

Asked over 2 years ago - Kansas City, KS

The total amount of the lawsuit in court was $17,000 that included pain/suffering and loss of wages. The contract said that he would receive 33% of the net recovered and the PIP lien was $4500. It turns out that the lawyer received more in fees than I received in compensation. Shouldn't they receive their fee after the medical fees were paid? They gave me over $1000 in medical bill receipts that went unpaid.

Attorney answers (3)

  1. Jeffrey Mark Adams

    Contributor Level 20

    3

    Lawyers agree

    Answered . Sorry about your predicament. Assuming the retainer agreement conforms with Kansas law it controls. You need to read the agreement again. Of course, your attorney should answer any question. This is not a unique circumstance. Any lawyer who practices personal injury law with regularity has faced these issues. Like most of my colleagues, I am sure we have made exceptions and modifications to the agreement. Good luck.

    Personal injury cases only; I'm good at it; you be the Judge! All information provided is for informational and... more
  2. Randy William Ferguson

    Contributor Level 19

    1

    Lawyer agrees

    Answered . Read your contract. It is normally 1/3 of total recovery. If he gets 1/3 of what's left, why would he take the case. What if judgment is amount of bills. He would not get anything.

    The response given is not intended to create, nor does it create an ongoing duty to respond to questions. The... more
  3. S. David Rosenthal Esquire

    Pro

    Contributor Level 18

    Answered . I'm not familiar with all of the terms of your contract with you attorney, but It sounds like it contract provided that your attorney would receive 33% of $11,500, which is $3,795. Did he reduce his/her fees by $495, or did he/she also deduct some other costs before determining net?

    I personally try not to charge more in fees than the client receives as a net recovery, but that is not always possible. You can always ask your attorney to reduce his fee some reasonable amount.

    Good luck.

    S. David Rosenthal
    ROSENTHAL LAW
    2251 Douglas Blvd., Ste. 120
    Roseville, CA 95661
    Phone: (916)774-7200
    Fax: (916)774-7203
    sdr@drinjurylaw.com
    www.rosenthalinjurylaw.com



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