How will attorney's fees be calculated?

The fee is of gross. The atty may very well have no ability to control the amount of bills paid, expenses paid, liens paid and subrogation interests. They may eat up a good part of any settlement, and they are not the atty responsibility. The possible conflict you raise is another matter. discuss that with your lawyer

Attorney's fee is usually calculated on gross settlement. What makes you think the atty. represents the health ins?

Read the contingency fee agreement, it will address your questions. Or, ask your attorney.

Expenses should be deducted from the gross and attorney's fees based on the net recovery. As to subrogation, the concept is that the lawyer gets the money for you, and that's what the fee is based on, and then the subrogation lien is deducted as money that you owe, because this was money expended for your benefit. Sometimes, the subro insurer will reduce the amount of its lien to account for the attorney fees, other times they get a free ride (free for them anyway, you pay for it). The lawyer's duty is to the client and not the lien holder, but you are right, the incentive for reducing the lien is less if the lawyer is getting paid the same regardless. There is still some incentive, in that if the lawyer does a good job, he/she has a satisfied client. As for the victim's consent, no, as mentioned above the victim is also a beneficiary and has had money expended on his/her behalf. Then again, the client has the final say on the settlement as a whole. There are other problems with this system as well.

After costs are reimbursed, the lawyer gets his fee. His efforts got all the money so his fee is based on that.

You have a written agreement with your attorney. He or she is duty bound to explain in front how the fee is going to be calculated. If your attorney won't explain it to your satisfaction, submit the question to the Bar Association.