Injury at night club

[adjusterjack]

Link to agreement: https://imgur.com/a/tcoCagE

I wouldn't mind taking a look at it but the link doesn't work for me.

 

[quincy]

I wouldn't mind taking a look at it but the link doesn't work for me.

It didn’t work for me, either. Not that anyone here can analyze the agreement for mobbdeep.

 

[zddoodah]

Now, an additional question came to mind when he broke down the numbers for me and what it would look like going to my pockets. He gave me the dollar amount which was literally 50% of what the offer was "after fees and winning taken out." I'm mainly confused because during the entirety of all of this, it was always 35% of whatever the settlement amount was. I've attached the a redacted version of our agreement I signed when hiring them and if it's something extra in the fine print I missed, I'm willing to understand and own up to misreading the fine print. I just want to understand where I missed.

Your link didn't work. I'm curious, though, what happened when you explained the highlighted to your attorney and asked what you were missing. Of course, I strongly discourage you from revealing privileged communications in a public forum.

 

[quincy]

mobbdeep’s attorney is the one best able to explain to mobbdeep why the numbers are what they are. If mobbdeep is concerned his lawyer is attempting to collect more than what was agreed to originally, he can always seek an independent review by another lawyer in Colorado.

 

[christian_342]

I think you could seek compensation, but I don't believe the nightclub will take responsibility, or if you win anything. At a nightclub, there's always a lot of alcohol, many drunk people, and generally chaos

 

[Zigner]

I think you could seek compensation, but I don't believe the nightclub will take responsibility, or if you win anything. At a nightclub, there's always a lot of alcohol, many drunk people, and generally chaos

You really ought to read the thread before posting. The OP is beyond this point.

 

[quincy]

I think you could seek compensation, but I don't believe the nightclub will take responsibility, or if you win anything. At a nightclub, there's always a lot of alcohol, many drunk people, and generally chaos

Mobbdeep was injured in 2022. He and his attorney currently are in negotiations with the nightclub after the nightclub proposed a settlement.

When a venue serves alcohol and has drunks and general chaos on a regular basis, a venue’s responsibility to ensure the safety of its patrons can become greater not less.

 

[mobbdeep]

@quincy @zddoodah @adjusterjack

I took down the link when I was advised it's out of scope to analyze a legal agreement. I am open to sharing the link again in private messages though as I redacted out the PII.

However, after bringing it up to him in an email, this is what he said:

"Our attorney fee is 35% of the settlement (if we settle without the need for litigation). However, we also will be reimbursed for case expenses. If you consult your fee agreement, the minimum case expense is $150, for file management (copies, postage, printing, etc.). We also spent money on ordering your medical bills/records. I am not sure of the exact expenses right now, but I imagine they are less than $500 (including the $150 file management fee). Upon settlement, we will know the exact amount of our expenses."

However, that still makes no sense if there's an extra $500 on top of the 35% fee. That still doesn't amount to the $6,100 extra that he said. I just hope his math is wrong and just guesstimating. Nonetheless, we will see when we reach a settlement. He counter offered their first offer and is pushing for more now that we have a witness who signed an affidavit since they're just trying to nickel and dime us.

 

[adjusterjack]

I read your contingency agreement. It's pretty standard. Those estimates are MINIMUMS and have NOTHING to do with the reality of expenses incurred by an attorney working an injury case for two years.

$6100 in expenses is not surprising. I'll bet he has a record of every nickel and can generate you a printout of the itemized expenses to date.

Ask for it. When you get it, examine it closely. If any expenses seem bogus you can bring it up in the final accounting when the case is settled. You don't want to piss him off while it is still ongoing.

 

[quincy]

@quincy @zddoodah @adjusterjack

I took down the link when I was advised it's out of scope to analyze a legal agreement. I am open to sharing the link again in private messages though as I redacted out the PII.

However, after bringing it up to him in an email, this is what he said:

"Our attorney fee is 35% of the settlement (if we settle without the need for litigation). However, we also will be reimbursed for case expenses. If you consult your fee agreement, the minimum case expense is $150, for file management (copies, postage, printing, etc.). We also spent money on ordering your medical bills/records. I am not sure of the exact expenses right now, but I imagine they are less than $500 (including the $150 file management fee). Upon settlement, we will know the exact amount of our expenses."

However, that still makes no sense if there's an extra $500 on top of the 35% fee. That still doesn't amount to the $6,100 extra that he said. I just hope his math is wrong and just guesstimating. Nonetheless, we will see when we reach a settlement. He counter offered their first offer and is pushing for more now that we have a witness who signed an affidavit since they're just trying to nickel and dime us.

I am glad you asked your attorney to go over his costs with you. In his emailed response, nothing stands out to me as being unreasonable.

 

[zddoodah]

"Our attorney fee is 35% of the settlement (if we settle without the need for litigation).

Maybe I missed it, but did you tell us that no lawsuit was filed? Is there a different percentage if a lawsuit is filed.

If $6,100 = 15% of the settlement (since you said expenses plus fees came to 50% of the settlement), then your settlement is about $40,666.67. If a lawsuit was filed, then I might be able to understand $6,100 in expenses (depending on how far the lawsuit got). However, if no lawsuit was filed, then there's no way you'd have $6,100 in expenses (unless your medical records were much more extensive than one would expect for a broken wrist).

By the way, how much were your medical expenses and lost wages?

I'll bet he has a record of every nickel and can generate you a printout of the itemized expenses to date.

Ask for it. When you get it, examine it closely.

Concur.

 

[quincy]

The attorney agreement states that the attorney fee is 35% of the settlement if there is no need for litigation. The 35% does not include reimbursement for case expenses.

If there is no settlement agreed upon and signed soon and if there has not been a case filed yet, time is rapidly running out to file. I hope mobbdeep’s attorney is keeping a close eye on the calendar.

 

[mobbdeep]

I read your contingency agreement. It's pretty standard. Those estimates are MINIMUMS and have NOTHING to do with the reality of expenses incurred by an attorney working an injury case for two years.

$6100 in expenses is not surprising. I'll bet he has a record of every nickel and can generate you a printout of the itemized expenses to date.

Ask for it. When you get it, examine it closely. If any expenses seem bogus you can bring it up in the final accounting when the case is settled. You don't want to piss him off while it is still ongoing.

Correct. When I get the breakdown as he mentioned he would have for me once filed, I will go through it with a fine-tooth comb.

Maybe I missed it, but did you tell us that no lawsuit was filed? Is there a different percentage if a lawsuit is filed.

If $6,100 = 15% of the settlement (since you said expenses plus fees came to 50% of the settlement), then your settlement is about $40,666.67. If a lawsuit was filed, then I might be able to understand $6,100 in expenses (depending on how far the lawsuit got). However, if no lawsuit was filed, then there's no way you'd have $6,100 in expenses (unless your medical records were much more extensive than one would expect for a broken wrist).

By the way, how much were your medical expenses and lost wages?

No lawsuit was filed and if we decide to do one, then yes, the fee would go to 40% instead of 35%. At this time, it's 35% plus whatever additional filing feels he incurs during my case. The breakdown of the medical expenses was $44,000 and my lost wages was about $700 I believe. Not to mention, the in-pocket amount is even after they reimburse my health insurance provider at the time.

The attorney agreement states that the attorney fee is 35% of the settlement if there is no need for litigation. The 35% does not include reimbursement for case expenses.

If there is no settlement agreed upon and signed soon and if there has not been a case filed yet, time is rapidly running out to file. I hope mobbdeep’s attorney is keeping a close eye on the calendar.

Correct and I wouldn't be surprised if there's all these extra "case filing expenses" that equals to the $6,100 difference. However, I will review it with a fine-tooth comb once he sends me the breakdown. We're at the point now where he sent them over the affidavit from a witness to see if they will offer anything else as he said by us doing that may work in our favor. They've only bumped up to $50,000 thus far so if the 22nd comes and they've not offered anything more, or they did, I'm willing to settle as we've both agreed we'd rather not litigate as the outcome could be worse. But yes, he's fully aware of the time. I've remind him every time we communicate.

 

[quincy]

Correct. When I get the breakdown as he mentioned he would have for me once filed, I will go through it with a fine-tooth comb.



No lawsuit was filed and if we decide to do one, then yes, the fee would go to 40% instead of 35%. At this time, it's 35% plus whatever additional filing feels he incurs during my case. The breakdown of the medical expenses was $44,000 and my lost wages was about $700 I believe. Not to mention, the in-pocket amount is even after they reimburse my health insurance provider at the time.



Correct and I wouldn't be surprised if there's all these extra "case filing expenses" that equals to the $6,100 difference. However, I will review it with a fine-tooth comb once he sends me the breakdown. We're at the point now where he sent them over the affidavit from a witness to see if they will offer anything else as he said by us doing that may work in our favor. They've only bumped up to $50,000 thus far so if the 22nd comes and they've not offered anything more, or they did, I'm willing to settle as we've both agreed we'd rather not litigate as the outcome could be worse. But yes, he's fully aware of the time. I've remind him every time we communicate.

If my understanding of your situation is correct, you only have until tomorrow to file your lawsuit. Make sure your attorney knows that there is a limitations period looming.

 

[mobbdeep]

If my understanding of your situation is correct, you only have until tomorrow to file your lawsuit. Make sure your attorney knows that there is a limitations period looming.

The incident occurred at 1:30am on May 22nd. We are still close on time, but he said he's aware of the time constraint.