Legal Question in Personal Injury in California

I am sure the lawyer will say that he told you the settlement was for $12,000, and not that you would yourself be getting $12,000. What do the settlemetn papers say is the total amount the defendant will pay? If it is $12,000, you should have realized that the attorney would get the amount you had previously agreed to pay him. If you had told him that you would settle only for $12,000 net to you, then you might have an argument, if he did not explain the settlement thoroughly enough, to argue that you get the $12,000. If you have any written communications from the attorney supporting your position, point that out to the attorney.

If both parties agree to do it, most county bar assoications have fee dispute hearings You can also complain to the State Bar Association.

I am unclear as to what sum the atorney got and what went to you. Most automobile accident cases in southern California, the attorney takes 40% from the top, reimburses himself for all court expenses, and then dlives the remainder equally between the medical providers and the client. In Northern California, it is normally the expenses taken out and then the remiander split three ways between the attorney, medical providers [if their charges are at least that high], and the client.

Ask your lawyer for a written breakdown of the settlement funds. If you have not signed the settlement release and do not feel $12,000 gross is an adequate settlement, tell the attorney to reject the settlement. If you have already signed the release, you would have seen the release indicates a gross settlement of $12,000 or whatever the total amount of the settlement was. Therefore, if you did sign the release without reading it, you may have to blame yourself. I would need more facts to give you a better answer. I would suggest you sit down with your attorney and go over all the issues to see if you can work something out. If not, the local bar association has a fee dispute panel that can assist you.

It sounds like you approved a settlement for $12,000 and "forgot" that the lawyer needs to be paid. You no doubt signed a contract agreeing to give him 1/3 of the settlement as his fee. So I don't see why you were surprised when the closing papers showed him getting 1/3 of the settlement. I'm guessing that you forgot or didn't know that the medical care providers had a lien against your case to recover what they paid. That is not discretionary. They have a legal right to that lien and your lawyer HAS to pay it to them.

You should have received a disbursal sheet which shows how the money from your settlement is to be distributed. By the way PI lawyers usually charge a third of the recovery and you have to pay any costs from your share which would include any medical liens. If you did not get one ask for one. If it still shows he owes you $3,000.00 ask for it or an explanation of why he won't pay you. If he does owe you the money then you can report him to the state bar or sue him in small claims court or do both.

Hope that helps..