If you got into an accident and you would get a certain amount of money, is it possible after attorney’s fees to end up with more than half? 16 Answers as of January 13, 2013

At the end, you receive $3,000 when the lawyer agrees that he was only taking 20%.

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Law Offices of Mark West
Law Offices of Mark West | Mark West
It all depends. How much was the settlement for? Did you have medical bills which needed to be paid out of the settlement (i.e. on a lien) or were paid by insurance which needed to be paid back. It is very possible depending on the size of the claim and the settlement made. This should have all been spelled out for the settlement and also in an accounting by the attorney to you of how the settlement was allocated.
Answer Applies to: California
Replied: 1/13/2013
Paul Whitfield and Associates P.A.
Paul Whitfield and Associates P.A. | Paul L. Whitfield
Sure. The atty fees will be paid. Any unpaid medicals will be paid. You will get net.
Answer Applies to: North Carolina
Replied: 1/9/2013
Victor Varga | Victor Varga
There has to be a fee agreement which states how much the lawyer is entitled to.
Answer Applies to: Maryland
Replied: 1/9/2013
Law Offices of Ronald A. Steinberg & Associates | Ronald A. Steinberg, BA, MA, JD
It depends on the costs he incurred.
Answer Applies to: Michigan
Replied: 1/5/2013
Law Offices of Sandeep G. Agarwal
Law Offices of Sandeep G. Agarwal | Sandeep G. Agarwal
Depends on what the retainer says in terms of who is responsible for costs incurred. Ask the lawyer for a break down of the settlement and where all of the settlement proceeds went. If he refuses, contact your State Bar Association.
Answer Applies to: California
Replied: 1/5/2013
    David F. Stoddard
    David F. Stoddard | David F. Stoddard
    Yes, it is possible to end up with more than half or less than half depending on whether medical, Medicaid, or health insurance liens must be paid out of the settlement.
    Answer Applies to: South Carolina
    Replied: 1/5/2013
    Gates' Law, PLLC | Thomas E. Gates
    Depends on medical expenses.
    Answer Applies to: Washington
    Replied: 1/5/2013
    Richard B. Jacobson & Associates, LLC | Richard B. Jacobson
    Most lawyers charge a contingency fee of one-third, but given freedom of contract, the lawyer and client can contract for any reasonable amount. The answer depends on the costs which must be paid, such as deposition charges, expert witnesses, travel, etc. You might want to demand a detailed accounting from the lawyer, to which you have a statutory right.
    Answer Applies to: Wisconsin
    Replied: 1/5/2013
    John Russo | John Russo
    Yes
    Answer Applies to: Rhode Island
    Replied: 1/5/2013
    Blaske & Blaske, P.L.C.
    Blaske & Blaske, P.L.C. | John F. Turck IV
    Yes, but it depends on, among other things, the gross recovery, the costs and expenses incurred by the attorney, the attorney's fee percentage (you say 20% here, which must be of the net recovery, after costs and expenses are deducted from the gross recovery), and whether any of your net recovery must be paid to third parties, i.e. to medical bill lien holders.
    Answer Applies to: Michigan
    Replied: 1/5/2013
    Adler Law Group, LLC
    Adler Law Group, LLC | Lawrence Adler
    Yes unless their are liens to pay or medical bills.
    Answer Applies to: Connecticut
    Replied: 1/5/2013
    Steven Kalishman, P.A.
    Steven Kalishman, P.A. | Steven J Kalishman
    You are required to sign a final accounting showing all the financial details of the settlement, and you can get a copy.
    Answer Applies to: Florida
    Replied: 1/5/2013
    Meyer & Kiss, LLC
    Meyer & Kiss, LLC | Louis J. Meyer
    If there are medical liens and lots of costs, it is possible.
    Answer Applies to: Illinois
    Replied: 1/5/2013
    Frank Law Group, P.C.
    Frank Law Group, P.C. | Brett E. Rosenthal
    Typically the attorney recovers his attorney's fees off the gross settlement number and also recovers his costs, however, it is dependent on how the fee agreement is worded.
    Answer Applies to: California
    Replied: 1/5/2013
    Law Office of Malosack Berjis
    Law Office of Malosack Berjis | Malosack Berjis
    I am not sure if I understand your question correctly. But, if the attorney agreed to take only 20%, then that means you get 80%, which is more than half.
    Answer Applies to: California
    Replied: 1/5/2013
    Kram & Wooster, P.S. | Richard H. Wooster
    It depends on your agreement which has to be in writing in Washington if it is a contingent fee case. Other factors are costs of the case that are paid out of the award, such as getting copies of records, depositions etc. Read your fee agreement, talk to your lawyer. The court has authority to evaluate the reasonableness of the fee.
    Answer Applies to: Washington
    Replied: 1/5/2013
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