Legal Question in Personal Injury in Pennsylvania
My father got into an accident at work and his case has finally ended after 5 years. My father is 67 years old and in severe agony. He was awarded a large sum of money but not nearly what his lawyers told him, and now, when he called up asking what amount he will get, they responded that they will be taking out 2/3 instead of 1/3 because they did a lot of work. We are very upset, naturally. Can they do this to him? He has to meet with them and I feel like he is being taken advantage because of his age and how sick he is. He is in Pennsylvania and I am in Florida so its hard for me to be there and be his advocate. Is there a lawyer that I can hire to help him through this?
1 Answer from Attorneys
Your father would have signed a written attorney fee agreement when the lawyer was hired. he can ask to see it if he doesn't have a copy. It's unlikely the lawyer is charging a 2/3 fee. A 2/3 fee would be unreasonable & not enforced by any court. It's more likely that the attorney fee is in the area of 1/3 - 40% & the litigation expenses & maybe unpaid medical bills or reimbursement to Medicare or health insurance is another 1/3 or so. In any case, the lawyer should be presenting your father with a written accounting that states the amount of the settlement, an itemization of the attorney fees & expenses, & the net amount payable to your father. Your father would need to sign it to approve the monetary distribution. If he doesn't sign it the money sits in the attorney's escrow account until there's a resolution. Your father should ask for the accounting in advance so he has time to review it & ask the lawyer any questions. He should not sign it until he is satisfied & accepts the amount indicated. If there is an unresolved problem your father can consult with another experienced attorney. As an alternative most county bar associations have a fee dispute committee to which the dispute may be submitted.