I thought the breakdown is 33% to the attorney. This doesn't make sense to me. Any solution or even getting a different attorney.
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.
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.
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.
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.
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.
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.
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.
Get free answers from experienced attorneys.
28,333 answers this week
2,971 attorneys answering
Don't speak legalese? We define thousands of terms in plain English.Browse our legal dictionary