Legal Question in Personal Injury in Texas
settlements
I was involved in an auto accident and have an attorney. he is telling me he is entitled to one third of the entire settlement including my lost wages and out of pocket expenses (dr bills) is this correct? The contract I signed just says one third of any settlement, also he doesn't want to settle for my minor child because he states the settlement is not fair but says he can't get a better offer. He said when she turns 18 (6 mths) she can settle the case herself. I am not talking about alot of money here but it seems unfair that he gets lost wages and dr. bills please advise. thank you
2 Answers from Attorneys
Re: settlements
typically, it is the wording of the contract that controls. it is very common and permissible for an attorney who is charging a contingent fee to charge a percentage and apply that percentage to the entire settlement.
since settlements usually include medical bills and lost wages, the percentage applied is going to involve lost earnings and medical bills.
attorney's fees are not recoverable from the insurance company or entity that pays the settlement so the injured party must incur those fees.
i would suggest that you sit down with your attorney and discuss the contract of employment and the wording.
i hope this helps. bill featherston
Re: settlements
You need to review the document that you and your attorney signed. Because there is work involved in proving up and collecting lost wages, it's normal to have that be a portion of the agreement between an attorney and a client.
As for the minor child, if the attorney doesn't want the case and you're not satisfied with the settlement, then have the child find another lawyer willing to file the case.
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