After a 2 year accident comes to a final phase waiting any day now for a settlement, my medical insurance company just caught wind of this and wants me to pay back all of the money as a result of the other party's fault. This makes since, but my attorney is telling me his share comes off the top and I am left to pay back medical expenses with my own share of the settlement. I live in Louisiana where the accident happened as well. Because the opposing insurance company has been fighting us the entire way, we had to file in court and my attorney working on contingency now gets 40% plus fees. Basically, I spoke to him about the possible outcome and found out my attorney get more than me in this case. Assuming he does take his 40% off the top, then pays the fees too, I am going to receive roughly about 50%. After paying over $20,000 in medical bills to my medical insurance company, I will only get $15,000 in a case that my attorney benefits more than me. This does not seem fair and serve justice to me since I have suffered for 2 years in this case. I am not trying to cut my attorney fees since this is the point of working on contigency, but my question is do the medical expenses in a situation like this normally come off the top or out of my share? Is this fair that the attorney that did not suffer injuries and undergo surgery get more than I do? Should I attempt to talk to my attorney about this or possibly talk to a judge or the local bar association?
Thanks in advance for your help.
Thanks in advance for your help.