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INFOLAWYER
INFOLAWYER, Attorney
Category: Legal
Satisfied Customers: 53870
Experience:  Licensed attorney helping individuals and businesses
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I have a question for a personal injury attorney practicing

Resolved Question:

I have a question for a personal injury attorney practicing in new york state regarding typical fee structure from a law firm.

After an out of court settlement is reached on a 1/3 fee split with the client is the fee typically taken on the gross amount or after a workers comp lien is paid as in the net amount of the settlement?

My settlement is almost the same as their fee because they are taking their fee then paying the lien and giving me what is left. I am basically at the bottom of the food chain.
Submitted: 5 years ago.
Category: Legal
Expert:  INFOLAWYER replied 5 years ago.
Hello, I am legal expert at Justanswer and I will be helping you with your question today. This is negotiated in advance but normally one third off the gross. I am a ny lawyer.
Customer: replied 5 years ago.
Are you a personal injury attorney?

Do you understand what a comp lien is?
Expert:  INFOLAWYER replied 5 years ago.
I practice personal injury cases along with other areas of practice. This is an issue that is normally resolved in the retainer. where the ultimate fee ends up being unreasonable, it can be negotiated or else mediated down to levels of fairness.
Customer: replied 5 years ago.
Here is the situation:

the out of court settlement is $25,000

I am due to receive $8900, the firm receives $8500, the insurance company operating as comp carrier receives the rest, $7600.

do you feel this is a typical and reasonable fee structure given the 1/3 fee agreed to?
Expert:  INFOLAWYER replied 5 years ago.
The legal fee here is excessive relative to your share and should be adjusted down to closer to $4000 either by negotiation or mediation.

If you have a follow-up question, please remember that there might be a delay between your follow up question and my answer because I may be helping other customers or taking a break.

 


Customer: replied 5 years ago.

should I refuse to cash the check until the fee is reduced?
Expert:  INFOLAWYER replied 5 years ago.
You can deposit it and mark it without prejudice to your rights, and send a letter certified mail contesting the fee arrangement.


 


Customer: replied 5 years ago.
I understand your answer as far as deposit what do you mean mark it, by signing it?

thank you very much for your answer if I need more help I will contact you..
Expert:  INFOLAWYER replied 5 years ago.
Below your signature on the back write "without prejudice" along with the letter shall serve as proof of your position.
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