QUESTION
Do attorneys take their payment before or after medical has been paid?
Asked on Jan 17th, 2012 on Personal Injury - Ohio
More details to this question:
My husband and I were in an accident in March of 08'. We were both injured; the long of the short of it is we were rear ended by a 7,000 pound overweight dump truck. I have had surgery on my shoulder which the orthopedic surgeon would like to attempt again as it has not resolved my issues. I also have lower back pain. Troubles with my SI joint and hip area. The orthopedic surgeon would also like to do a procedure call "periformis release" my understanding of this is they go in and cut the muscle in hopes that it will relieve some of the pain. I have not yet had the latter of the two procedures done as of yet. There are also things like neck pain and headaches that I experience regularly. My husband is scheduled for surgery to repair a slap tear as well as rotator cuff tear. We have been in and out of mediation and I feel very strongly that we are getting shafted! I know that insurance companies are all about saving money but I feel like we are being low balled. I am also wondering in your opinion about the economy and its effects on jury verdicts. My attorney and the mediator very strongly encouraged us to take what we can get because juries are not being very generous. This could very well be true but in some ways I was made to feel as though it was easier for him to settle with a smaller settlement and still make a fair amount of money without as much work, versus going to court. The orthopedic surgeon for the defense even stated that the injuries to my shoulder and back are very difficult to treat successfully. I am supposed to suffer for the rest of my life with this pain due to their negligent truck driver. Not right!! Another question I have is, is it customary for an attorney to take his cut of the settlement/verdict before or after the medical has been paid? Just curios... It looks like mine is taking it out before. We did not sign any paperwork with him so I have nothing to refer to..My gross medical is at $150,000.
2 ANSWERS
2 Awards
The short answer to your question is "it depends on your fee contract." You should request a copy of the Contract or contingency agreement. If you did not sign one, that is a problem as fee contracts are required in Ohio. Most attorneys who concentrate in personal injury matters take their percentage fee from the gross settlement amount before other deductions. If you are unhappy with the settlement proposed or unsure if your case is being handled appropriately, you are permitted to consult another attorney. Most lawyers will review your claim without charge. Also remember that you, as the client, are permitted to release an attorney from representing you and obtain new counsel. Any fee splits are usually worked out between the old lawyer and the new lawyer. Jami Oliver - Oliver Law Offices The information contained in this transmission may be attorney privileged and/or confidential information intended for the use of the individual or entity named above. If the reader of this message is not the intended recipient, you are hereby notified that any dissemination, distribution or copying of this communication is strictly prohibited.
Answered on Feb 01st, 2012 at 10:31 AM
There are different opinions about the state of the economy and how it affects juries. I have gotten some of my best verdicts in the last couple years, so I do not think it has any effect. Some people even think that juries give more in poor economic times. More to the point is jury attitude about lawsuits in general. Large powerful corporate interests have certainly affected public opinion. I highly suggest watching the movie Hot Coffee to learn more about this. Each case must be evaluated on its own merit. Your attorney can give you the benefit of experience. On the other hand, some attorneys don't like taking cases to trial either due to caseload or even sometimes, lack of confidence. YOU, the client, are the only one who can decide to settle your case. It sounds to me like you already gave permission. Another big issue that no doubt your attorney took into account are Ohio's caps on damages, which may apply to your case. Ohio requires a written fee agreement. Your attorney should be able to give you a copy. Ohio is a state that permits the lawyer to take fees from the gross settlement (before medical bills are paid.)
Answered on Jan 31st, 2012 at 8:26 PM