If you were in a vehicle accident. Struck from behind, you are clearly not at fault, and say your maximum entitlement for insurance is $10,000 . Is it fair for the lawyer to take $3333 from that for their fees? I know life isn't fair but that's rediculous.
Also is there anyway you could have gotten the full $10,000 without the help of a lawyer just by dealing directly with the other persons insurance company?
2007-08-10 12:11:42 · 11 answers · asked by Anonymous in Politics & Government ➔ Law & Ethics
yeah there was no up front payments, nothing too serious(we alive), no oone is disabled and was told up front of the fees.
I just wanted to know if we had a fair deal...plus i greedy and wanted MOREEEEE!!! hehe.
2007-08-10 13:18:42 · update #1
could the lawyer have asked for more than the limit then?
2007-08-10 21:43:05 · update #2
Most lawyers do take 30-40% of a payout. This is not a secret. Did you have to pay up front for their help in your case? If not, then they get paid when you get paid. This should have been disclosed to you when you signed up with the lawyer. If it was, you had a contract with them for their services.
You could have tried to sue on your own, but if you are not a lawyer, you could have spent hundreds or thousands of your own dollars filing paperwork, making copies, travelling to court, losing time at work, etc. Get the picture?
You hired a professional to do the job for you and they have to get paid for their time, effort and expenses. They know what to say and what to do.
Just because you were struck from behind does not mean you were not partially at fault for the accident. Each accident has different details. Either way, hope you were not badly injured. Caveat emptor.
2007-08-10 12:21:31 · answer #1 · answered by Tellin' U Da Truth! 7 · 0⤊ 0⤋
1) Did you ever see a nature show about males who stage a mock battle to determine which gets to procreate? They joust but rarely cause permanent injury.
Good lawyers rarely have to put on a trial.
2) You left out some key info. Whose insurance had a $10,000 limit? If damage exceeds $10,000, a lawyer should be able to get a judgment then collect on the difference.
You can always file a claim with the insurance company. If they offer $2000 but you expect $10,000, then you should find an attorney who works on 33% contingency or handle the case through small claims court.
Small claims usually has a $5,000 limit.
Good luck,
- CarlD
2007-08-11 00:36:34 · answer #2 · answered by Anonymous · 0⤊ 0⤋
You could have personally entered into negotiation with the insurance company and if did not like the offer then retain a lawyer, but it is common practice in a personal injury claim where you pay no money up front and the lawyer incurs some cost that they are allowed to charge 1/3 of the results
2007-08-10 19:18:17 · answer #3 · answered by goz1111 7 · 0⤊ 0⤋
An adjuster is going to pay what the claim is worth with or with out a lawyer. So if your claim was worth 10,000 they would have paid that anyway.
Although the tv lawyers like to say that adjusters are afraid of them .... we are not. I deal with lawyers every day. I deal with the same lawyers over and over. I really could care less if you have an attorney and it will not change how the claim is handled.
However, when you hired the attorney you signed a retainer contract and it would have his fee's outlined in it. He performed a service and gets paid for it.
33.3% is a standard fee for a plaintiff attorney. The fee goes up if he had to file a law suit.
2007-08-10 20:43:39 · answer #4 · answered by Boots 7 · 0⤊ 0⤋
More often then not you cant. Most lawyers have a reputation to handle with them. Insurance companies don't like dealing with them. While i think 25% sounds more fair I would probibly deal with the 33. The only other way I can see of getting it yourself is to study and read up on everything you can involving the case.
2007-08-10 19:21:51 · answer #5 · answered by toddspiderman25 1 · 0⤊ 0⤋
Dealing with an insurance company is awful. I will never do it again. They finally settled after I mentioned a lawyer. If it was something very serious I would get a lawyer. I think if you have a claim worth over 100k you could negotiate less than a third. Someone will do it.
2007-08-10 19:20:19 · answer #6 · answered by grumpyoldman 7 · 0⤊ 0⤋
If you didn't like the 33% why did you agree to it before the atty took your case?
Knowing the law to help their clients is what attys do for a living. Its how they pay their bills, run their practice, (remember, having a law practice is the same thing as owning a business, employees to pay, rent for the office, continuing education, overhead in the office, etc, etc)>
I think that 33% sounds fair. Yeah, good luck dealing with insurance company's atty all by yourself!
2007-08-11 00:28:10 · answer #7 · answered by jonn449 6 · 0⤊ 0⤋
These dudes don't work for free.
Most of the time you don't need a lawyer until you present your claim and it is rejected.
You don't deal with the other guy's insurance. That's why you have insurance. Your agent will help you, it's part of his job.That is, unless you have El cheapo casualty company insurance, . that never seem to be available if you need service.
2007-08-10 19:36:43 · answer #8 · answered by TedEx 7 · 0⤊ 0⤋
If the lawyer had to sue or threaten to and you signed a contingency agreement, then it's fair. Probably could have gotten it all by going through your insurance agent.
2007-08-10 19:17:49 · answer #9 · answered by Mike1942f 7 · 0⤊ 0⤋
You agree to the price with a lawyer before he works on your case.
If you don't find his prices fair, you were free to chose another attorney to represent you. He has a right to charge whatever he wants and you have the right to not hire him.
Get over it.
2007-08-10 19:16:43 · answer #10 · answered by Kenneth C 6 · 0⤊ 1⤋