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I'm involved in a law suit and the insurance company just settled with me. I need to know how the money gets split between us.

Port Richey, FL |

The agreement I have with my attorney is he gets 40% of any settlement money won . My understanding is we split the money after all medical bills are paid but his assistant just told me he gets 40% off the top , than bills are paid and I get whats left . This doesn't sound fair cause he will get more than I will . I can't find my original contract I signed with him so was just wondering whats the norm on these kind of car accident law suits ?

Attorney Answers 8


  1. Some lawyers work off of the gross, some the net. In NY we generally work off of the net. Ask your lawyers assistant for all supporting and closing documents. Meet with your attorney. Good luck.

    Personal injury cases only; I'm good at it; you be the Judge! All information provided is for informational and educational purposes only. No attorney client relationship has been formed or should be inferred. Please speak with a local and qualified attorney. I truly wish you and those close to you all the best. Jeff www.nyelderinjurylaw.com


  2. 40% of the total settlement is typical for an attorneys fee on a case in litigation. After that is deducted than the negotiated medical bill are paid and you're left with the rest. Depending on the circumstances your attorneys fee may be more than your amount. I would discuss this with your lawyer as they are in a unique position because they know all the facts. Hopefully you were at least happy with the settlement. Have another lawyer review closing docs before you sign if you're not satisfied.

    Call for a free consultation at 727-937-1400 or visit us on the Web at www.serviceandjustice.com.


  3. It depends on contract, however, most contracts on Florida state that 40% off gross.

    Sagi Shaked is a Florida Bar Board Certified Civil Trial Attorney. To schedule a free consultation, call (877) 529-0080 or (305) 937-0191. I am licensed in Florida, therefore, my answers are based on general prinicpals of law or Florida law, which may not be applicable in your jurisdiction. Answers posted to Avvo are for general information only and do not create an attorney client relationship. Do not conclusively rely on any information posted online when deciding what to do about your case. Every case depends is different and fact dependent, and responses are limited to and is based on the information you posted. No attorney-client relationship shall be created through the use reading of this response on Avvo. You should never delay seeking legal advice, disregard legal advice, or commence or discontinue any legal action because of information in this response.


  4. I defer entirely to the Florida attorneys who have addressed your concerns regarding calculation of the legal fee because attorney regulations are handled state-by-state. However, if you have misplaced your fee agreement you are certainly entitled to a copy at this point. There should also be a settlement breakdown or disbursement sheet itemizing where the settlement funds are going. Here is an article on the subject: [Blue Link Below]

    Law Offices of Andrew D. Myers, North Andover, MA & Derry, NH provide answers for informational purposes only. Actual legal advice can only be given by an attorney licensed in your jurisdiction, thoroughly familiar with the area of the law in which your concern lies. This creates no attorney-client relationship.


  5. The standard contract language allows the lawyer to charge 40% of the gross recovery if a lawsuit was filed, and 33.33% of the gross recovery if the case was settled without filing a lawsuit. You should speak with your lawyer, and depending on the circumstances of your case, he may agree to reduce his fee.


  6. Refer to your fee agreement.

    Only 29% Contingency Fee! Phone: 215-510-6755 www.InjuryLawyerPhiladelphia.com


  7. Under a standard Florida Bar contingency fee agreement,the attorney's fee is based on the gross recovery.


  8. 40% off the top is typical. Usually out-of-pocket expenses then get deducted. Then, any medical bills you are obligated to pay get paid and deducted (these are often reduced by the medical providers).
    I do not know anyone that charges a percentage fee on the net, but I suppose your contract might state that. Ask for a copy of it from your lawyer.
    The bar rules require a "Closing Statement," be given to you detailing the recovery and all disbursals. No disbursals are allowed until you and your lawyer sign it.

    This is a summary based on incomplete facts. You should not rely on it as legal advise. No attorney-client relationship is intended to be formed. You may call me 772-562-4570; email me vblawyer@bellsouth.net, or visit my website http://www.millerlawoffices.us

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