Legal Question in Personal Injury in Florida

recovery amount

When the gross settlement is given, does the lawyer take his 1/3 off the amount before or after the expenses of the client or does the client have to pay all the medical bills?


Asked on 8/27/07, 9:33 pm

3 Answers from Attorneys

Alan Wagner Wagner, McLaughlin & Whittemore P.A.

Re: recovery amount

This would be described in your contract. Almost always, the fee is calculated from the gross settlement, then the recovery is further reduced by the costs, medical bills, and liens (and potential letters of protection).

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Answered on 8/27/07, 9:54 pm
David Slater David P. Slater, Esq.

Re: recovery amount

It depends on the agreement you signed.

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Answered on 8/27/07, 10:52 pm
Scott R. Jay Law Offices of Scott R. Jay

Re: recovery amount

NOTE: This communication is not intended as and should not be interpreted as legal advice. Rather, it is intended solely as a general discussion of legal principles. You should not rely on or take action based on this communication without first presenting ALL relevant details to a competent attorney in your jurisdiction and then receiving the attorney's individualized advice for you. By reading the "Response" to your question or comment, you agree that the opinion expressed is not intended to, nor does it, create any attorney-client relationship, nor does it constitute legal advice to any person reviewing such information, nor will it be considered an attorney-client privileged communication. If you do not agree, then stop right here, and do not read any further.

The terms of your retainer agreement with your attorney are controlling. As a general rule, the attorney's share is deducted from the gross amount and the costs are deducted from the share of the client. The attorney has advanced all costs with the understanding that payment will be received when the case is settled.

Scott R. Jay, Esq.

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Answered on 8/28/07, 1:14 am


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