Legal Question in Legal Ethics in California
Lawyer fees and Medical bills
My mother was involved in car accident and it took almost 3 years to settle. Her settlement was $150,000 , and from that $60,000/@40% lawyer fee, and with the medical expenses $25,000 this is from her lawyers telling her she must see chiroprator, neurologist, and other specialist, she ends up with $65,000. Is this correct? It seems like they waited a while also after the settlement to call her to pick up the check isn't there a statue of limitation for us to dispute the settlement? She did not take the check and we requested for a copy of all the records regarding the entire case. Please help...
1 Answer from Attorneys
Re: Lawyer fees and Medical bills
It is unclear to me what you are trying to dispute here. If you have a settlement of the case, it could only have been with your mother's consent unless this was a judgment after a jury trial. The laywer's percentage is what it is; it was addressed in the fee agrement your mother signed. Medical experts are almost always necessary, so I am not sure what the problem is.
Lawyers take contingent fee cases because the client usually can't afford the attorney's hourly rate. And so far, you haven't described anything that causes me any concern about how the matter was settled. Perhaps you could post more details about why your mother is disatisfied with the settlement.