attorney's legal fee?

Question

I HIRED AN ATTORNEY TO REPRESENT ME
AFTER A CAR ACCIDENT.THE SETTLEMENT
IS $11,500.00
- $ 4,600.00 HIS FEE (40%)
- $ 6,800.00 MEDICAL BILLS
------------------------------------------
$100.00 FOR ME? MY PAIN AND SUFFERING

MY CAR WAS TOTALED,CAN HE LEGALLLY DO THIS?
EVERYBODY GOT THEIR'S BUT ME AND MY KIDS WHO WERE IN THE FREAKIN ACCIDENT...
HE'S TRIED ARGUING TO GET MORE,THE ORIGINAL OFFER WAS 10,500.00...MY MAIN QUESTION IS ,CAN HE STILL CHARGE 40%?

I agreed because he told me it wasn't a good idea going to trial

also,I was not at fault for the accident.

he said if he asked for more money after the 10,500.00 offer I had to accept it whatever it was...

Answer 1

Sadly, this is very common. Many plaintiff's attorneys fail to tell you up front what your recovery may actually be. I have seen many cases where after attorneys' fees, reimbursement of medical costs, etc, the client walks away, as you did, with $100.

This is all legit. Should your lawyer have explained to you in greater detail before you agreed to the settlement? Yes. Should he have explained it before he took the case? Also yes.

Sorry. You just got a painful lesson in modern litigation and economics. Live and learn. You're stuck.

Further, this may not even be unethical. This was probably all spelled out in your attorney fee agreement, in which case the courts (including the disciplinary arm of the State Bar Court) will consider this to be YOUR fault for failing to read what you signed and for failing to understand the litigation process which was spelled out for you in writing.

I'm so sorry that you got screwed like this. I've seen it time and time again.

Answer 2

The majority of personal injury attorneys are theives in my opinion. It looks like you got a pretty good settlement. I wonder though, how long before you filed suit then received the settlement? If your case went on for a few years then I think your attorney may deserve his 40%, if you was a matter of months...you were robbed. You should have found an attorney who charges by an hourly rate and not one of those who gets paid only if you get paid. Also, your case wasn't tried for 2 possible reasons:
1. He didn't think a jury or judge would award more $10,500.00
2. He's not a trial attorney and would have bombed your case

Answer 3

except you have an settlement that states you ought to use a particular legal expert or there's a cut back to the quantity you are able to spend on your legal expenses. Then sure you are able to substitute your legal expert. yet... to be valuable ask the courtroom. My superb answer to you not understanding what state you reside in is sure you are able to substitute you representation with the expectancy of having the fee lined by ability of your quickly to be X. additionally any legal expert who might take your case without first finding into how he/she became going to be compensated is a fool and probable does not make a good decision as a clean legal expert.

Answer 4

Yes, you agreed to the percentage.

And, it isn't $100 to you it is 60% ($6,900) to you. Your medical bills are payments to you, and the main thing you will recover in a settlement.

Look, there is a reason you agreed to settle instead of going to trial for more -- there must have been weaknesses in your case, either in provable damages, or liability, or in cost of the suit. You not only agreed to your lawyer's percentage, you agreed to settle -- buyer's remourse is common, but ask yourself why you agreed. There were probably good reasons.

Answer 5

The percentage was agreed upon before settlement by you, but he should have gotten medical bills paid and a settlement, you may have a case against him for poor legal representation.

Answer 6

Contact your state bar association. That doesn't seem right. Are you sure the $4,800 was a fee and not reimbursement of out of pocket expenses? What does your agreement with him provide? Something is not right.

Answer 7

try legal aid there are in every state