Traditional attorney fees?

[rbahe]

What is the name of your state (only U.S. law)? Kansas but the motorcycle accident was in Texas.
Our son was in a bad motorcycle accident and we are visiting with an attorney. What are the traditional percentages that attorneys get of the lawsuit settlement? The one we are visiting with charges 33 1/3% for a settlement, 40% if it goes to a mediator and 45% if it goes to trial, plus the costs of any expert witnesses, postage, copies, etc. He says they ask for additional money in the settlement to cover the above listed expenses so it usually does not reduce the money that we will actually be awarded. Is this pretty traditional for this type of case? It seems pretty high to us.
Thanks for any help.

 

[ecmst12]

That's pretty normal. He can ask for the expenses to be deducted BEFORE the lawyer takes his percentage.

 

[JKBee]

I made sure that expenses would be deducted before the lawyer collected his fee. It was in writing in the contract. When the settlement was made, this lawyer tried to collect off the top. Since it was in the contract, the contract held and he only got paid after expenses were deducted. Make sure to have this in the contract before you sign it.

 

[ecmst12]

Unless son is a minor, this is HIS fight so don't get too involved...advise, don't take over.

 

[rbahe]

I understand what you are saying in this is his fight, he is not a minor. But he is on our health insurance and has suffered head trauma and is not fully coherent so we will be taking on this fight on his behalf. He will be layed up for quite some time with no means of making money not to mention our deductible on the health insurance that has to be paid somehow.

 

[ecmst12]

Well he shouldn't be signing any contracts with any attorneys until he is clearheaded enough to understand what he is signing.

 

[rbahe]

He is not. I have POA so I am signing the contracts, thus the reason for my earlier question. We have POA on all of our adult children as they have for us, just for this type of situation.

 

[Texas Pooh]

Remember that the health insurance carrier will be entitled to recovery for all medical bills before anyone - the lawyer or your son - receives any money. This claim - the subrogation claim - will reduce your recovery dollar for dollar.

Make sure that the subrogation claim is paid before the attorneys' fees are paid. The attorney will negotiate with the health insurance carrier and get paid 1/3 of the subrogation claim for the health insurance carrier, so he should not receive any attorneys' fees in addition to those paid in connection with the subrogation claim.

 

[ecmst12]

I doubt the lawyer will agree to that, it's not normal practice, and the medical bills will be a large portion of the total settlement.