Is my lawyer ripping me off?

[michew82]

What is the name of your state? MA

I was in a 3 car accident last year, I was the first car and I got rear-ended twice. I hired a lawyer and signed a pretty standard contact: he would get 1/3 of my settlement plus up to $300 to pay for any fees he incurred during the settlement process. I was in physical therapy for 6 months and then just recently my lawyer asked me to go see this doctor friend of his to give a final write up on how I am doing a year later (even though I have been out of therapy for 8 months). The day of my appointment I called my lawyer and spoke to one of his paralegals. I asked if I should expect to pay a copay or anything at my appointment and he told me I wasn't expected to pay anything, that the doctor knew I was coming and they would know to put it through the insurance for me and that it wouldn't cost me anything.

I got a "final settlement offer" in the mail from one of the cars today and was shocked when I saw the bill. The settlement was for $10,000. The attorney fees were $3,333.33 and the extra expenses were $232.22. In addition, I was charged $600 for the report his "doctor friend" wrote up for me at that visit my lawyer insisted I go to. I just wanted to see if this was a legitimate fee. I was told by the paralegal that I would incur no expenses and the lawyer never mentioned there might be an extra charge. In addition, the paperwork I signed said I would be responsible for fees incured up to $300, so I'm not sure how this extra $600 fits into the scheme of things.

Is my lawyer ripping me off or does this sounds about right? Thanks for your help in advance!

 

[weenor]

What is the name of your state? MA

I was in a 3 car accident last year, I was the first car and I got rear-ended twice. I hired a lawyer and signed a pretty standard contact: he would get 1/3 of my settlement plus up to $300 to pay for any fees he incurred during the settlement process. I was in physical therapy for 6 months and then just recently my lawyer asked me to go see this doctor friend of his to give a final write up on how I am doing a year later (even though I have been out of therapy for 8 months). The day of my appointment I called my lawyer and spoke to one of his paralegals. I asked if I should expect to pay a copay or anything at my appointment and he told me I wasn't expected to pay anything, that the doctor knew I was coming and they would know to put it through the insurance for me and that it wouldn't cost me anything.

I got a "final settlement offer" in the mail from one of the cars today and was shocked when I saw the bill. The settlement was for $10,000. The attorney fees were $3,333.33 and the extra expenses were $232.22. In addition, I was charged $600 for the report his "doctor friend" wrote up for me at that visit my lawyer insisted I go to. I just wanted to see if this was a legitimate fee. I was told by the paralegal that I would incur no expenses and the lawyer never mentioned there might be an extra charge. In addition, the paperwork I signed said I would be responsible for fees incured up to $300, so I'm not sure how this extra $600 fits into the scheme of things.

Is my lawyer ripping me off or does this sounds about right? Thanks for your help in advance!

The standard contingency contract calls for the subtraction of the attorneys fee and expenses incurred to pursue the lawsuit. Read your again, its the $300 cap that doesn't sound right. It is not uncommon for a doctor to charge for his/her time in reviewing records or preparing reports. In fact most "reports" I have seen cost a lot more than yours did. Again, reread your contract.

 

[michew82]

Thanks, I will look at my contract again, but I know for sure when he went over it with me it said the maximum I could be charged for medical bills and reports was $300. And I'm assuming it doesn't make a difference that he never mentioned the fees ahead of time and the paralegal told me there were no fees associated with the visit? Not illegal, just shady business?

 

[ISUE4YOU2]

Based on your post, yes, you are being scammed.

You need to personally speak with your attorney and strenuously object to paying any of that $600.00, based on what his paralegal represented to you. Tell your attorney that you will not sign a release or agree to a disbursement of funds until and unless he waives that $600.00; again, based on what his paralegal represented to you.

 

[michew82]

Based on your post, yes, you are being scammed.

You need to personally speak with your attorney and strenuously object to paying any of that $600.00, based on what his paralegal represented to you. Tell your attorney that you will not sign a release or agree to a disbursement of funds until and unless he waives that $600.00; again, based on what his paralegal represented to you.

Thank you, that is what I just did and he agreed to waive the fee. He wasn't happy, but since a rep from his firm gave me the wrong information he really had no choice. Thanks for your help.

 

[ISUE4YOU2]

Good for you!!!