Legal Question in Personal Injury in Florida
I am currently working with a local law firm in regards to a roll over accident I was in almost a year ago, the firm has been dragging their feet with getting my suit settled. What is currently going on is we are settling because I am fed up with the whole situation and they don't stand to make enough money to actually try to get more then the minumum. I spoke with my lawyer today about the settlement and the portion that will be coming to me and besides the 33.3% that they will take from me they in addition are charging me for making phone calls, faxing, making copies and interest because of how long it has taken, the reason it has taken so long is because their paralegal is incompetent. All in all I will wind up with about 1% of the settlement. If I don't endorse the check from the Insurance Company would there be any legal ramifications? What are my options if I don't agree with the fact that their 33.3 is turning into 88.8%
4 Answers from Attorneys
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The one third fee is standard if no lawsuit is filed. However, costs have to be reasonable. Long distance charges, expert fees, cost for medical records, copying are all ligitamate charges, but something seems wrong if you are only getting 1%. I suggest you sit down and talk to your lawyer and review the charges.
The fee is normally 33%. Some law firms charge costs on top of that and some do not. It depends on your fee contract with your lawyer. I would be happy to discuss your concerns and see if I can help you work it out with your current attorney. Please call my office at 561-266-9191.
You obviously need a second opinion to review the settlement statement. Is your rollover accident against the auto manufacturer or a tire company. What is the amount of the settlement and your injuries? The fee of 1/3 is pretty much standard plus the costs. As a matter of principal I don't take a fee greater than the client's net recovery. I don't feel its right to take more than the client gets and many of my fellow attorneys do the same. I will review your case by phone at no charge 305-305-3351..