Legal Question in Personal Injury in California

Those figures appear wrong but you need to check your contract with the attorney and then go over with him a detailed explanation of why what charges were made. In southern California, it is typical for an attorney on a contigency case to charge 33 or 40% of the total recovery, then take out all the medical reimbursements and legal costs [filing fees, deposition transcript, etc.], ,leaving the client with the balance. A $15,000 settlelment sounds like a settlement of an automobile accident case in which the defendant driver had the legal minimum insurance policy of $15,000. If you have insurance, which you must have in order to collect anything for non-propety damage, yo need to check if you have uninsured motorist coverage as then you can make, up to the limits of that policy, a claim for the difference between the value of your case and what you collected from the defendant. Your attorney will charge you another fee to do that as it requires the same general effort as occurred in the case agaist the other driver.

Such settlements, certainly in Northern California where I practiced, usually result in the attorney, medical provider, and client getting 1/3rd of the settlement amount. Southern California attorneys charge more. The attorney normally gets the medical providers to reduce their liens to no more than 1/3rd of the settlement.

When your attorney had you sign the settlement papers, he should have told you approximately how much you would be getting. When he sent to you the $139 he/she should have given you a breakdown of the deductions from the $15,000. Get these figures and then discuss them in detail with your attorney. If you feel that you are entitled to more, post a more detailed question to this site.

I agree with what George said except for the assertion that Southern California lawyers charge more. Whether the attorney takes their fee before medical bills is a matter of what you agreed to, but generally speaking in a minor auto collision as a compromise everyone gets a third. Again without more specifics this is a generalized answer and the specific facts of your situation could entail a different answer.

Most PI attorney's take their fee before applying medical payments and cost & expenses. I am not condoning what your attorney did but you failed to mention how much your medical bills were, the percentage that your attorney took, whether the case was in litigation and racked up large cost & expenses.

I know on the surface it does not sound right, but I would need more info. If god forbid you ever need a personal injury attorney contact me at 800-816-1529 ext, 1, or go to www.thepersonalinjury.com.