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  1. #1
    pennyfx Guest

    Can my lawyer get more out of the settlement than me?

    What is the name of your state?What is the name of your state?What is the name of your state? California

    My girlfriend and I were in a head on collision with a drunk driver last July. Luckily it was at a fairly low speed so we weren't terribly injured. But the car was totaled and we both went to a hospital via ambulance and all that jazz.. We got a lawyer to represent us because all of our friends and family said to do so.. Even though I didn't see really what a lawyer would actually do for us...

    Anyway... it's almost a year later.. I have $4000 in medical related bills (ambulance, hospital and chiropractic for 7months) and my lawyer is finally talking to the insurance co about a settlement, or vise versa.
    Their first offer was $6400.. This seems way too low and my lawyer agrees and will try for around $8500, which I still think is too low. At any rate it looks like my lawyer is going to get far more out of this settlement than me.. and I don't understand why. I'm the one that was injured, and had to deal with all of this stress. I really don't see him doing anything that I couldn't have done myself. Infact, I had to negotiate for my vehicle settlement (my car was totaled) he didn't do anything. He told me not to “worry” about my bills and that they wouldn’t hurt my credit. I just checked my credit and they have damaged it.

    My main questions are:

    Can I fire my lawyer this late in the game, because he hasn’t represented me to the fullest and has given bad advice? If so, is he still entitled 33% of the settlement?

    If not and I have to keep this lawyer, then is it normal/legal/okay for the lawyer to get more than me or for me to have to pay out of pocket because the settlement is not high enough to cover my bills and his percentage.

    Note: My girlfriend got a different lawyer.

    Thanks in Advance.

    Arron
  2. #2
    stephenk is offline Senior Member
    Join Date
    Oct 2001
    Location
    california
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    7,790
    "This seems way too low and my lawyer agrees and will try for around $8500, which I still think is too low"

    What do you think your case is worth? How did you come up with your value of the case?

    Your attorney would still be entitled to the terms of the retainer agreement if you fire him, plus he would be entitled to reimbursement for costs he expended on your behalf.

    Has your attorney discussed a breakdown of any settlement that would be reached? He would most likely negotiate the medical bills to a lower amount so you can recover more for yourself.
    Cal Naughton, Jr.: I like to think of Jesus as a mischievous badger.

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