Legal Question in Personal Injury in California
I retained and attourney for a personal injury from a car accident last year, The other parties insrance company has sent my attourney a check in the amount of 15,000 which my attourney cashed on the 7 th of nov, My att fees are 36 % and My total meds are 8,800 which leaves 800.00 my att told me I get nothing for my pain and suffering 2 of my doctors said everyine is suppose to get 1/3 the att, the meds, and me. My att also does not comunicate with me his to let me know hat going on, my husband and i have separette claims same case same att and the att told my husband he did not want to talk to me anymore that he would deal with my husband from now on, and I am his client to with my on case. I no longer no what to do with the att i feel abused and feel as tho he is scamming me? ty for your response
2 Answers from Attorneys
You need to carefully look at the fee agreement with your attorney as to what the division of the settlement is. 36% seems odd, as normally it is 33% or 40%. It seems that it was a $15,000 policy limits settlement so there may not have been much for the attorney to do in the case; plus a little less work in your husband's case as there is some work that overlaps. Do you have any other source for the payment of medical bills, any under-insured motorist coverage? The normal split is that everyone takes 1/3rd, including the Dr.'s reducing their lien to that amount, so you should be getting about $5,000. The attorney does not want to spend any more time speaking with you since he feels your case has settled.
You probably need someone to write a forceful letter to the attorney, after reviewing the file, but that might require 2 hours of work that you would have to pay $400-500 for if you use an attorney. But your husband might not need an attorney if his medical bills are like yours.
Your can give me a call if you want to discuss this a little more [510-441-2684] without a charge [10-15 minutes].
Did you sign the Settlement Release? If not, you can file a complaint against your attorney for settling you claim without your consent. You also need to review the Attorney-Client Retainer Agreement to find out what his fees are.
Feel free to call me directly if you have additional questions at 310-295-2056.
This response is for informational purposes only and should not be construed as legal advice. The material posted on this website is not intended to create, and receipt of it does not constitute, a lawyer-client relationship, and readers should not act upon it without seeking professional counsel. For specific information or for a free initial consultation with an attorney, contact (855) THRU-LAW or visit www.ThruLaw.com.
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