In regards to a auto accident , when both parties want to come to an agreement is there anyway to include certain things?

Asked over 1 year ago - Southfield, MI

For example in a settlement a agreement is it possible to get an insurance company to pay for "your" attorney's contingency fee whether it be the 33% b4 trial , or 40% going to trial. Is there any way to include that so that or medical bills dont come out the lump sum received by the plantiff ? In a case which the (defendant other driver ) was 100% at fault?

Attorney answers (9)

  1. Brent Sitto

    Contributor Level 7

    11

    Lawyers agree

    Answered . You can include whatever you want in the settlement agreement as long as both parties agree. In my experience, the insurance company almost never agrees to pay attorney fees to the other side. Also, in Michigan your auto attorney is not allowed to charge more than a one-third attorney fee.

  2. Christian K. Lassen II

    Pro

    Contributor Level 20

    11

    Lawyers agree

    Answered . Don't play lawyer, retain one.

  3. Kurt D. Holzer

    Contributor Level 10

    10

    Lawyers agree

    Answered . Your question evidences some misimpressions about the personal injury system and the role of a settlement in that system. The answer to your question is not really but you should talk with your lawyer as it looks like you have one from the way your question is drafted.

  4. Michael R Crosner

    Contributor Level 20

    9

    Lawyers agree

    Answered . That is not the way it works - Your questions indicate that you definitely need the assistance of a good personal injury attorney. Consult a local attorney ASAP

    This is not intended to be legal advise or as legal representation. I am a California personal injury attorney .... more
  5. Scott J. Corwin

    Pro

    Contributor Level 18

    7

    Lawyers agree

    Answered . You absolutely should consult with an experienced car accident attorney to represent you in your case. Having legal representation can make all the difference in receiving a proper settlement in a car accident case. Best of luck.

  6. Thomas William James

    Contributor Level 11

    4

    Lawyers agree

    Answered . Is it possible? Yes. Is it likely? No.

    There are few situations where the insurance company will voluntarily pay for your attorney's fees.

    Furthermore, I'm not sure which attorney is charging you 40% because that exceeds the maximum an attorney can charge a client in a personal injury lawsuit.

    Good luck to you,
    Thomas James, Esq
    Trial Attorney at MichiganAutoLaw

  7. Alan James Brinkmeier

    Contributor Level 20

    5

    Lawyers agree

    Answered . my

  8. Lawrence J. Signore

    Pro

    Contributor Level 7

    4

    Lawyers agree

    Answered . It appears you are relying on the insurance companies' claim representatives. They work for the insurance company, not you. Please follow the recommendations to consult with a local personal injury attorney.

    The opinion above should not be interpreted to be legal advice but rather an opinion. Attorney / Client... more
  9. Stacy E Pepper

    Pro

    Contributor Level 13

    3

    Lawyers agree

    Answered . This question offen comes up for tax purposes regarding the way the settlement is structuted. You should talk to your attorney about how the settlement will be structured, and this will also depend on how your attorney fee agreement is structured. Part of the reason you are paying your attorney 33% is to explain things like this to you, so get your moneys worth. Best Wishes.

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

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