Legal Question in Insurance Law in Missouri

Lawyer fees

My daughter recieved a settlement in a accident case of $50,000.00 but has a $20,000.00 lien against the settlement from my insurance. Our lawyer took his 1/3 out of the $50,000 instead of out of the $30,000 which was left after the lien. Is this customary?? The lawyer received $16,666.00 and my daughter only received 13,334.00 and that seems wrong and I would just like to know if that is the way it is usually handled?


Asked on 12/20/06, 10:09 am

1 Answer from Attorneys
Jeffrey Carey Carey Law Firm, LLC

Re: Lawyer fees

It is customary for the attorney to earn their fee on the total recovery. In most instances, however, the lien claimant is required to reduce their total claim by their proportionate share of the attorney's fees and costs. Sorry I can't give you more specific information. I would suggest raising these issues with her attorney.

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Answered on 12/20/06, 12:13 pm


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