Legal Question in Personal Injury in New York

Re: Settlement

The short answer is yes, based on the contingency agreement between the two of you. Generally, Costs of bringing suit are subtracted from the amount recovered, and then the remainder is divided per the percentage agreement. The parties are, of course, free to agree to various types of contingency agreements based on the type and complexity of the case and whetehr the matter required trial, etc.

Based on the numbers you presented, your attorney recovered the costs of bringing suit (filing fees, depositions, experts, etc) from the GROSS AMOUNT and split the NET RECOVERY with you 2/3 to 1/3.

Re: Settlement

Can a lawyer "ask"? Isn't there a written retainer? It's now absolutely required in litigation matters, especially personal injury lawsuits.

The math is fine assuming a standard contingency arrangement.

I believe there is a limit, possibly one-third, of the NET RECOVERY, for contingency matters. Plus, in NY, a lawyer must file a retainer statement with the Appellate Division in personal injury matters disclosing the contingency terms.

However, that being said, if you retained the lawyer on an hourly basis, the hourly cost could very easily exceed one-third of the recovery, or even the entire recovery in the case. And there would be nothing wrong with that so long as the hours billed are accurate, and the rate is agreed upon.

One caveat: if the plaintiff is a minor, then the court must approve the settlement and the fee, and even if the lawyer is contractually entitled to one-third, the court may award a fee that it finds just under the circumstances to protect the minor.

Re: Settlement

The calculation that you did amounts to a 1/3 attorney fee. It is less than 1/3 on the $15,000. It is one third after the expenses, which are your costs and not fees.

Good Luck

RRG

Re: Settlement

Yes, expenses are not inclusive of the fee.

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