Legal Question in Personal Injury in California
When you hire an attorney and they take a percentage where does the percentage come from? Is it from the total of the settlement (i.e $100,000.00) or from the amount owed to the client after medical bills have been paid?
In other words, is their fee taken out of the $100,000 or out of what the client gets after all medical expenses have been paid.
2 Answers from Attorneys
The fee is computed based on the total amount of the settlement unless otherwise agreed or in other words to use your words out of the $100,000
Your retainer agreement should specify how the fee is calculated. Some attorneys will receive their agreed percentage off the top, while others will receive it from the plaintiff's net recovery (i.e. after medical liens and other costs are deducted). Check your retainer agreement. If you don't yet have one yet, negotiate with the attorney the way you would like the fees to be calculated.
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