Legal Question in Legal Ethics in Maryland
What should you do when you are excluded from receiving your settlement award
I filed a lawsuit when two of my children were exposed to lead paint poisoning in a house that we occuppied seven years ago. the cases was recently settled for a substancial amount of money in an out of court settlement agreement. i was given a settlement agreement and release contract to sign and waited to receive the money that the defendents insurer had agree to pay.in the terms of the settlement agreement it clearly indicates my indentity as having an indiviual claim as well as identifying me as the mother of my two children. these terms are documented and were also recognized and agreed upon by the defendent. it is conformed by the original bank draft issued to my attorney by the insurer. but after i endorsed the check the attorney took his fee paid off all debts. then excluded the directive as indicted in the settlement agreement that indicated that i was to receive a percentage of the compensation awarded and offered the explaination that what had been written has a diffrent meaning that the one documented.and that i should just leave it as it is. also the amount that he received for his fee was much larger the amounts awared to each of my children.is there any thing that i can do about this?
1 Answer from Attorneys
Re: What should you do when you are excluded from receiving your settlement awar
This depends on several matters that should be reviewed by an attorney.
The nature of the case and the settlement bear heavily upon the determination of whether a separate portion of the settlement applies to you as the parent.
The attorney's compensation is based on the contract between you and the attorney. Limitation of fees applies through rules and procedure. This matter should also be reviewed where you believe the fee is excessive.
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