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 . Be aware that every state has its own statute of limitations; and statutes & case laws that govern the handling of these matters.
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.
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.
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.
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 relationship is not being established by the comments contained above.
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
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 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
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