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 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
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.
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 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. Padove strongly advises the questioner to confer with an attorney in your state in order to ensure proper advice is received. If this information has been helpful, please indicate below. Burtonap@aol.com (219) 836 2200
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.
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.
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.
This ans. does not create an attorney/client relationship.
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.
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 317-631-6866 phone 317-685-2329 fax firstname.lastname@example.org www.btlmlaw.com
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.
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 the law firm of Pepper & Odom, P.C. Nothing posted here constitutes any attorney client relationship and is meant for educational purposes only. Office hours are 8:00 a.m till 5:00 p.m. Monday through Friday. Phone: 601-914-9219 Facsimile: 888-456-2160 www.pepperodom.com