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Dwayne B.
Dwayne B., Attorney
Category: Legal
Satisfied Customers: 32369
Experience:  Began practicing law in 1992
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Can a PI lawyer take more fees from the med pay portion of

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Can a PI lawyer take more fees from the med pay portion of my car accident settlement. I was awarded $50,000 from defendants company and 12,000 from my own insurance for underinsured and an additional 25,000 in med pay. Can he charge me a percentage on the med pay portion of the award?

JD 1992 :

Hello, and thank you for contacting Just Answer. I am an expert here and I look forward to assisting you today.

JD 1992 :

It depends on your contract with him.

JD 1992 :

While it is unusual for a lawyer to take a % off the medical payments or PIP monies, it isn't unheard of.

JD 1992 :

The main issues are 1) what does the contract say and 2) did he have to do any work to get the money?

Customer:

He hid the fact that my insurance company had paid the 25000 in med pay for three years. He refuses to pay my bills claiming he is attempting to get them lowered even though I have been sued and he has held 75000 for three years. He is jeopardizing my position on the board of directors at the bank I have served on for years by causing me to be sued. The mediator granted me another 12000 yesterday and he is holding that too., I feel the med pay should be used to pay my bills and he is not entitled to any of it since my wife had to do all the leg work to get the case settled. We have found out that he writes his staff bad checks and his office electricity has been turned off for non payment several times and also his phone has been turned off for non payment. It has been hard to communicate with him at times because he is never in his office. I can't locate the original agreement I made with him but don't want him to know that.

Customer:

He has been very dishonest with me on many occasions I have caught him up in numerous lies about my money and payment of my bills.

JD 1992 :

I can certainly understand your feelings. However, the issue will revolve around the contract and what work he had to do to get the funds for you.

JD 1992 :

You can raise the issue with the state bar and ask for help in resolving this though.

Customer:

He sent his assistant for the two hour deposition and he attended the mediation but it was evident he had not even looked at my medical records. In fact he let a transcription mistake go by uncorrected that caused the settlement to be much lower than it would have been.

JD 1992 :

Those go to whether or not he did a good job, not whether or not he is entitled to charge a portion for his fees.

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