I am making a settlement for my PI motorcycle injury. The offer is 35000, yet the attorney claims my share is 8300.

Asked almost 2 years ago - Indianapolis, IN

I thought the breakdown is 33% to the attorney. This doesn't make sense to me. Any solution or even getting a different attorney.

Attorney answers (12)

  1. Bradley D. Harville

    Contributor Level 13

    9

    Lawyers agree

    Answered . You should try to work things out informally with your lawyer first of all. Request an accounting showing a total breakdown of the proposed settlement distribution. There may be liens that the attorney has to pay from any settlement. If your attorney will not provide a full accounting, then you should perhaps consider seeking another attorney and/or filing a grievance. There is information online on how to do this. Good luck.

  2. Michael David Babcock

    Contributor Level 13

    9

    Lawyers agree

    Answered . There are many potential issues and possible reductions. The reductions could include insurance pay back or liens by hospitals or medicare and litigation expenses. The attorney fee will be controlled by the contract you entered with the attorney and could be more the 33%. The attorney should provide you with a breakdown of the pay outs.

  3. L. Maxwell Taylor

    Contributor Level 20

    9

    Lawyers agree

    Answered . Just speculating, but I suspect you have significant medical liens; experts who have spent time on the case and who expect to be paid; court reporters who have created transcripts and who need to be paid; a filing fee for filing the complaint; photocopying costs; lawyer's travel costs for attending hearings and depositions; and so forth. The lawyer ought to give a client a breakdown of the costs so the client knows precisely what funds went where.

    Not legal advice as I don't practice law in Indiana. It's just my two cents. If you need legal advice, please consult a lawyer who holds Indiana licensure. I practice in Vermont ONLY.

  4. Burton A. Padove

    Pro

    Contributor Level 17

    7

    Lawyers agree

    Answered . The attorney must provide you with a settlement statement that will show where every dollar should go.

    Mr. Padove is licensed to practice law in Illinois and Indiana. The response herein is not legal advice and does... more
  5. Jeffrey Mark Adams

    Contributor Level 20

    8

    Lawyers agree

    Answered . Any liens and/or significant expenses?

    Personal injury cases only; I'm good at it; you be the Judge! All information provided is for informational and... more
  6. Lars A. Lundeen

    Pro

    Contributor Level 20

    7

    Lawyers agree

    Answered . You need to sit down with your attorney and find out why your net recovery, after fees and costs, is the amount he told you. You probably have multiple medical liens which need to be satisfied out of the proceeds of your recovery. Speak with your attorney.

    Legal Disclaimer:

    If this information has been helpful, please indicate below.

    Mr. Lundeen is licensed to practice law in Florida and Vermont. The response herein is not legal advice and does not create an attorney/client relationship. The response is in the form of legal education and is intended to provide general information about the matter within the question. Oftentimes the question does not include significant and important facts and timelines that, if known, could significantly change the reply and make it unsuitable. Mr. Lundeen strongly advises the questioner to confer with an attorney in your state in order to ensure proper advice is received.

    This ans. does not create an attorney/client relationship.
  7. Glenn Tadaomi Honda Jr.

    Contributor Level 11

    6

    Lawyers agree

    Answered . I agree with the other posters, ask for your settlement statement before you sign anything. You may not be happy, (because cases, esp motorcycle cases often involve a lot of costs), but at least you will know where the money went.

  8. Christian K. Lassen II

    Pro

    Contributor Level 20

    6

    Lawyers agree

    Answered . Don't sign the release until you get this resolved, as this will prevent the lawyer from getting his fee. Bottom line is that you shouldn't sign the release until the medical lien is negotiated down to 5-10 cents on the dollar. You can also ask the lawyer to lower his percentage to a reasonable fee. Good luck.

  9. Timothy Leo Bowden

    Contributor Level 14

    5

    Lawyers agree

    Answered . many times it depends on how much the bills are and if there is a subrogated interest for those bills or payments made to you such as disability. but you certainly have the right to have a breakdown of everything.

  10. Christopher David Wyant

    Contributor Level 9

    3

    Lawyers agree

    Answered . You should request a complete accounting of the settlement prior to agreeing to the settlement or signing any release documents. Their may be significant case expenses or medical subrogation liens that are impacting your net recovery. Good Luck

    Chris Wyant Attorney at Law Brown Tompkins Lory & Mastrian 608 East Market Street Indianapolis, Indiana 46202... more
  11. Nathanael Prada

    Contributor Level 12

    2

    Lawyers agree

    Answered . It sounds like you may have some liens due to your medical treatment. This means that the treatment for your injuries may have exceeded your insurance coverage and you or your attorney signed a letter of protection for that treatment. Consequently, you will have to pay those treatment facilities out of your settlement. All of this should be explained in a settlement letter prepared by your attorney. If this is not the case or if your attorney refuses to explain why your settlement is so drastically reduced, then I would consider hiring new counsel.

  12. Stacy E Pepper

    Pro

    Contributor Level 13

    Answered . Ask your attorney for an accounting and breakdown of how the settlement is being calculated.

    Attorney Stacy E. Pepper is licensed in all State and Federal Courts in Mississippi. He is a founding Partner in... more

Related Topics

Personal injury

If you suffer a personal injury as the result of the actions or negligence of another, you may seek financial compensation for physical or emotional damages.

Personal injury settlement

Personal injury settlements are agreements made between the two parties of an injury lawsuit. They outline the compensation that an injured party receives.

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