Legal Question in Personal Injury in Florida
I have a personal injury case from a car accident that was not my fault. Insurance co has settled and now my attorney is adding fees that I know have not been incurred. The original agreement was for 33 1/3 % , his figures he's quoting show 40%. He has my check in a trust and is benefiting his bank account while mine remains empty; The check has cleared and I haven't received a dime. What is the protocol on calling his hand?
3 Answers from Attorneys
Fees on personal injury cases are set out by the Florida Supreme Court. 1/3 if no law suit; 40 % if law suit filed and defendant denies claim.
The check is in your lawyers trust IOLTA trust account.. He personally does not receive interest in this account.
Most attorneys have a fee agreement in which the attorney's fee is 33 1/3 % of the total recovery before a lawsuit is filed, and 40% of any recovery after a lawsuit is filed and the other side responds to the lawsuit. So, if a lawsuit was filed on your behalf, the 40% fee is probably what it states in the agreement that you signed with your attorney.
When an insurance company sends a settlement check to an attorney, it is deposited into the attorney's trust account. All of the interest on that account goes to The Florida Bar, by law. The attorney does not earn anything in interest while the money is in his account.
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