What is the percentage of a check does is the Lawyer entitled to? (accident case).

Asked over 2 years ago - Detroit, MI

Was not at fault in accident.Laywer has me going to Physical Therapy and through a Spine Specialist for my back.

Attorney answers (7)

  1. Jason P. Kief

    Pro

    Contributor Level 8

    4

    Lawyers agree

    Answered . In Michigan, attorneys are limited to taking a 1/3 contingency fee, after cost, on all personal injury claims. However, your attorney can always take less if he/she decides to per your retainer agreement. There is no limit to the contingency fee on contract actions.

    From the wording of your question, it appears that you are concerned about an attorney fee on a claim for Michigan No-Fault benefits. Most attorneys would charge a 1/3 contingency fee on these claims, however, as these claims are classified as "contract" claims, it is theoretically possible that an attorney could claim a larger fee per your retainer agreement. Read it carefully, as it should indicate in writing the exact amount of the contigency fee.

  2. Nicole M. Winston

    Pro

    Contributor Level 5

    2

    Lawyers agree

    Answered . In Michigan the maximum contingent fee a personal injury attorney may charge is 1/3. In your particular instance you will have to read the terms of your fee agreement. Additionally, there is a difference between the fee an attorney can charge and the costs that may be owed as well. Typically a personal injury attorney will advance the costs associated with your case with the understanding that the cost will be reimbursed at the time the case is concluded, then the 1/3 attorney fee is deducted. Read your agreement and talk with your attorney, most attorneys will gladly explain the terms of the agreement.

  3. Christopher J. Ebbott

    Contributor Level 6

    1

    Lawyer agrees

    Answered . It depends on the agreement that you have with your attorney. Read your fee agreement. Most attorneys representing people in personal injury cases, including auto, agree to a 1/3 contingent fee agreement. In that agreement they are also entitled to reimbursement for costs they have incurred. There are instances, such as the UAW legal services, where cooperating attorneys agree to a lower fee. Communication with your attorney is the key, so that there is no misunderstanding. You should be provided with a closing sheet that contains all of the costs and the attorney fee as well.

    Mr. Ebbott is licensed to practice law in Michigan. The response herein is not legal advice and does not create an... more
  4. Jeffrey Mark Adams

    Contributor Level 20

    2

    Lawyers agree

    Answered . You need to read your retainer. If you don't have a copy, ask your lawyer to scan it to you. May I suggest you schedule a face to face with your attorney to address your legitmate concerns.

    Personal injury cases only; I'm good at it; you be the Judge! All information provided is for informational and... more
  5. Joyce J. Sweinberg

    Pro

    Contributor Level 16

    1

    Lawyer agrees

    Answered . Take a look at your fee agreement. Call your attorney and discuss it if you have any questions.

    I will evaluate your case for free. Joyce J. Sweinberg, Esquire 215-752-3732 www.jjsassoc.... more
  6. Chad Devin Points

    Contributor Level 9

    1

    Lawyer agrees

    Answered . I am going to assume for purposes of this answer you were involved in a car accident. In Texas, contingency fee contracts generally run from thirty three percent to forty percent of the gross recovery. This should be clearly spelled out in the contract you signed with your lawyer so start by taking a look at your contract. If you do not have a copy, request one from your lawyer. If you still have questions give he/she a call and get the answers to your questions. I hope your treatment goes well and you heal quickly.

  7. Brian C. Pascale

    Pro

    Contributor Level 18

    Answered . Your attorney should have spelled it out for you when you signed the retainer. If you do not have it, ask your lawyer for a copy.

    Mr. Pascale is licensed to practice law in the State of New York. The response herein is not legal advice and does... more

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