Legal Question in Personal Injury in Florida

I was in a vehicle accident on my way to work in 2007. My workers compensation claim has just finished up with me getting a settlement and having to pay off the lien with the workers compensation insurance company in the amount of $16,000. My personal injury attorney, different from my work comp. attorney, has been holding the insurance money from Geico in their trust fund up until now. I received the statement in the mail from them and they are taking 33&1/3 % out of the total received from Geico, $25,000, instead of paying the workers compensation lien off first and then taking out the fees and costs for their services. The big question: IS THIS LEGAL?


Asked on 10/17/10, 7:38 pm

3 Answers from Attorneys

David Slater David P. Slater, Esq.

yes, their fee is on the gross settlement.

Read more
Answered on 10/24/10, 12:27 pm
Nicholas Dorsten Blake & Dorsten, P.A.

I agree with the other gentleman, the fee is almost ALWAYS taken out of the gross settlement. After the attorney fees and the costs are taken out, the bills are then negotiated/paid.

www.BlakeDorstenLaw.com

Read more
Answered on 10/24/10, 2:25 pm
Michael Tobin Michael M. Tobin, P.A.

LEGAL, but immoral. My office practice is to never take a fee greater than the client's net. You suffer from a lack of coordination betweenyour two lawyers. did you approve of the two settlements or was this a suprise when you got the settlemnt statemen? Can you renegotiate the WC settlement? Unless the cirstances were extrodinary, they should only receive 1/3 og the $25,000 limits, 1/3 to you and 1/3 to your attorney. .

Read more
Answered on 10/25/10, 11:32 am


Related Questions & Answers

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