Legal Question in Personal Injury in California

I am in a contingency with a personal injury lawyer and have heard mixed advice. He doesnt want to tell us how much he is suing for an also wants us to pay him his legal fee ontop of a percentage of what we win (1/3). Does this sound right?

Asked on 7/13/13, 9:16 am

Experienced Mesothelioma Attorneys - SEG Law

Simon, Eddins & Greenstone, LLP, (SEG Law) is one of the country's most prominent trial law firms specializing in representing victims of cancer caused from exposure to hazardous substances such as asbestos. The firm was built on a shared passion to diligently and compassionately serve each client through every step of the legal process.

For more information visit us at SEGlaw.com

5 Answers from Attorneys

Rob Reed Law Office of Robert A. Reed
0 users found helpful
0 attorneys agreed

It sounds strange, but a contract with an attorney to represent you is not an indentured servant contract. If you feel uncomfortable with that deal, you should find another attorney.

Read more
7/13/13, 9:24 am
Joel Selik www.SelikLaw.com
0 users found helpful
0 attorneys agreed

It is not unusual for the percentage attorney fees to be calculated on the gross recovery; sometimes it is calculated on the net recovery after costs. The fee would be calcuated: Gross Recovery x % - costs = client's recovery.

You have the final word on the amount to settle for; it cannot be settled without your approval. As to what is asked for, these amounts may not bear a relation to the ultimate outcome. As we may ask for a pie in the sky amount, we often do not want a client to get an idea that that is what the case should settle for. Let us know if I can clarify further.

Read more
7/13/13, 10:15 am
David Lupoff Law Offices of David B. Lupoff
0 users found helpful
0 attorneys agreed

I agree with Joel.

Read more
7/13/13, 10:35 am
Edward Hoffman Law Offices of Edward A. Hoffman
0 users found helpful
0 attorneys agreed

You say the lawyer isn't telling you the amount, but it may just be that there is no amount to tell you. Personal injury complaints often don't ask for a specific amount of money, especially if they involve subjective matters like pain and suffering.

It is unusual for the lawyer to ask for a fee on top of his contingent share of the recovery. Are you sure that's what the contract says? It seems more likely that it calls for you to pay costs (meaning expenses for things *other than* the lawyer) on top of the lawyer's contingent fee. That's perfectly normal, but it's very different from what you wrote.

Read more
7/13/13, 2:32 pm
John Laurie Gertz and Laurie
0 users found helpful
0 attorneys agreed

What you agreed to is in the contract. If you cant find you copy ask for one. It is not uncommon for the attorney to take a percentage of the gross with you being responsible for all out of pocket costs

Read more
7/18/13, 11:43 pm

Related Questions & Answers

More Personal Injury Law and Tort Law questions and answers in California

Looking for something else?

Get Free Legal Advice

8785 active attorneys ready to answer your legal questions today.

Personal Injury Law and Tort Law Legal Forms

Browse and download our attorney-prepared and up-to-date legal forms from $4.99

Find a Legal Form

Featured Attorneys

Timothy McCormickLibris Solutions - Dispute Resolution ServicesSan Francisco, CA
Anthony RoachLaw Office of Anthony A. RoachChatsworth, CA
Barry SteinDe Cardenas, Freixas, Stein & ZacharyMiami, FL
Find An Attorney

Are you an Attorney?

Earn additional revenue and grow your business. Join LawGuru Now