QUESTION
Is work reimbursement supposed to be included in a personal injury settlement?
Asked on Jan 23rd, 2015 on Personal Injury - Maryland
More details to this question:
I am supposed to be paid for 3-4 months of time missed from work. And my lawyer is telling me that it is included in the settlement. But the settlement is a flat number and it doesn't seem like it includes it correctly. I have not gone over the exact numbers with him yet. But I just feel like it is supposed to be seperate from the actual settlement. A friend told me that the attorney percentage changes from the settlement to the work reimbursement. I'm just unsure and feel partially like I'm being lied to. Any help would be appreciated.
1 ANSWER
Appellate Practice Attorney serving Cockeysville, MD
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Law Office of Jason Ostendorf LLC
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As a personal injury lawyer in Baltimore, Maryland, I can provide guidance. It seems you are worried that your attorney is attempting to structure your settlement in such a way that benefits his fee reimbursement improperly. The merits of your concerns depend on the nature of your case. If the case is a worker's compensation case, then the lawyer might not be able to apply his fee percentage to amounts for lost wages. On the other hand, if it is not a worker's comp case, and instead is just a garden variety personal injury claim, then there is most likely nothing wrong with the lawyer including the lost wages in his fee calculation. In other words, if it is not a worker's comp case, the attorney would take a percentage of the lost wages regardless of whether the amount was in a separate settlement agreement.
Answered on Jan 27th, 2015 at 8:18 AM