Legal Question in Civil Litigation in Virginia

law suit settlement

my wife, grandson and i were in a car accident. our attorney settled for $40,000 (all 3 of us). he didn't ask for the cost of the medical bills at all. now, he wants to take his fees off the top ($12,000), before he pays medical expenses, which are almost $17,000. i think he should pay the bills first, and then take his fees off the remainder of the money. which is the appropriate way? if he does it his way, he'll be getting over 50% of the money that's left over. i'll only get around $11,000. i feel like i'm getting shafted.... thanks


Asked on 8/12/07, 5:04 am

1 Answer from Attorneys
Michael Hendrickson Law Office Michael E. Hendrickson

Re: law suit settlement

The fee agreement which you presumably signed to retain this attorney should contain the terms necessary to clarify and resolve this dispute. (The $40k settlement should've included the medical costs which were incurred as a result of the accident. However, the client, and not the attorney, must necessarily be the one who agrees to any settlement which may be reached between the adversary parties.)

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Answered on 8/12/07, 10:38 pm


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