Your written fee agreement will likely control the amount of the attorney fee. You should sit down with your attorney and discuss the fee. Good luck to you.
The information provided by me should not be considered legal advice and does not establish an attorney-client relationship. I am licensed to practice law in Florida and you should consult with an attorney in your area for legal advice. The information exchanged on avvo.com is not privileged and you should not share confidential information over this forum.
It doesn't even sound like you have a problem at this point. The case hasn't settle and your attorney has stated what amount he is going to take. I think you should raise your concerns with your attorney. Best of luck.
first, it sounds as though your family has suffered a profound tragedy and i hope that you all will find some measure of peace. second, your lawyer may have done alot more than you think. i am not carrying water for him but there is alot that goes into any case. i can vouch for the fact that insurance companies do not easily part with settlements especially seven figure ones. third, sit down with your lawyer and have a conversation. he must have been someone reputable or you probably wouldn't have hired him. keep in mind that the fee agreement does control the relationship ( obviously i haven't seen your agreement but the 40% probably becomes effective if there is a trial and it may be 1/3 if settled before trial - read it again). good luck and god bless your family.