Legal Question in Personal Injury in California

Hello.

I am sorry to hear about your experience representation. First, you mention that the settlement offer is lower than you expected. But, what was your expectation based on? Most people expect more than they get or are entitled to, and it's quite natural. Your attorney, or a good attorney should be able to advise you if the offer fair and if not, whether negotiating further or filing a lawsuit is the way to go.

I cannot imagine that a lawyer's percentage can be larger than yours. 40% is standard maximum in the industry for lawyers charge and anything above that might be considered excessive. If, of course, you have medical bills that come off of your share, then it will look like you get less than your attorney.

As a consumer you have the right to switch attorneys. Your fee agreement should provide for it. Of course, your attorney might assert a lien against the next attorney's recovery.

Perhaps you should openly discuss how the representation goes and that you are unhappy about certain aspects of the lawyer's work. Sometimes it can be very helpful in clearing the situation one way or another.

Thanks,

Arkady Itkin

San Francisco Accident Injury Lawyer

www.arkadylaw.com

Much of what Mr. Itkin says is true, but my understanding, on hearsay, is that lawyer in Southern California normally attorney first gets 40% of the gross settlement, then gets all of their out of pocket costs, and then the remaining sum, which in a litigated case might be only 50% of the gross is then split between the medical providers, up to the amount of their billing, and the plaintiff. Thus, the attorney may get 40% and the client 25%. Northern California attorney's often make a split of 1/3 client, 1/3 medical providers, 1/3 attorney.