Legal Question in Personal Injury in California

Hello, A little over a year ago my Mother was struck by a car and killed just a couple blocks from her house. The driver was at fault enough that the drivers insurance company agreed to payout the limit of the drivers 250,000 policy. The three eligible receivers, myself, my brother and my stepfather were sent letters asking us to come to an agreement as to how much of the 250,000 award we were each to get. the letter also said that in the case we could not come to a decision amongst ourselves the insurance company was willing to pay for us to attend a binding mediation.. My brother and i are willing to accept a third each, however our stepfather feels he should get it all. My brother and I are willing to attend binding arbitration, Our stepfather will not agree to binding mediation. My stepfathers rationale is that while my mother was alive, she gave money to her kids grandkids and great grand kid and that the money given was community property and he wants his half back now out of this wrongful death lawsuit. I have kept in touch with the insurance companys attorney and he tells me that my stepfather has retained an attorney for the purpose of getting him 100% of this award. Ive contacted a couple attorneys myself since and they tell me they will represent my brother and I and will attempt to get the insurance company to pay the award out evenly amongst the 3 of us. the attorneys I contacted all said they charge a third of what my brother and I receive from the insurance company, Roughly 60,000 dollars if the award ends up being distributed evenly among the three of us. My question is why should it cost my brother and I 60,000 dollars because my step father dreams up some pathetic excuse in an attempt to cut my brother and I out of what is rightfully ours. I understand the attorneys must be paid also, but don't we have a right to sue my stepfather for these attorney fees if he is in fact in the wrong in his bid for 100% of the wrongful death award? Also, is it possible that my stepfathers attorney could persuade the insurance company to give my stepfather 100% of the award without notice to my brother and I ?


Asked on 7/29/17, 11:05 am

1 Answer from Attorneys
Gerald Dorfman Dorfman Law Office

Unfortunately, the "American Rule" is that everyone pays their own attorney fees, unless a statute or contract provides otherwise. You could hire an attorney by the hour, rather than by contingency (percentage). You should keep in mind that the entire claim is not necessarily limited to just the amount of the insurance policy; you should have the situation evaluated by an attorney. You also should keep in mind that you are not necessarily entitled to one third, just because there are three claimants. Anything is possible, but it is unlikely the insurance company will pay the full policy to just one of the claimants.

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Answered on 7/29/17, 11:57 am


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