How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Law Educator, Esq. Your Own Question
Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 116815
Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
Type Your Legal Question Here...
Law Educator, Esq. is online now
A new question is answered every 9 seconds

My husband was in a wreck and it was work comp. The boys

This answer was rated:

My husband was in a wreck and it was work comp. The boy's insurance offered 50,000 which was his coverage plus we have to pay back 25,000 in medical bills. We hired a lawyer before we took this offer and he is also suing my husband's employers UIM. WE picked up the check today from the boy's insurance and the lawyer took 33 1/3 of this. Is this correct? He did not have to do anything for this we were already getting this money.

In general, unless your fee agreement stated otherwise, 33 1/3 is the typical fee that pretty much every personal injury attorney charges and they charge this on the whole settlement. Some attorneys are more moral than others and will give you a discount on that based on the 25% that most insurance companies give them for recovering medical expenses for the insurance company, but there is no rule saying they must do so. Also, attorneys in general will not take a fee off of what the client has already negotiated themselves and THIS would be grounds for you to dispute his fee on this part of the settlement unless you have a written fee agreement to the contrary as you hired him to only pursue the UM claim and that is the fee he would be entitled to. Under bar rules, the attorney's fee should be based off of the actual work done and since he did no work for this settlement, he would not be entitled to fees for it under the rules of professional conduct and you need to mention this to him and if he refuses then you can file for fee dispute mediation through the bar association since he did absolutely no work for this settlement and you negotiated it yourself. You also need to review that agreement, since the 33 1/3 fee is the standard personal injury fee without filing suit or going to trial.

I truly aim to please you as a customer, but please keep in mind that I do not know what you already know or don't know, or with what you need help, unless you tell me. Please consider that I am answering the question or question that is posed in your posting based upon my reading of your post and sometimes misunderstandings can occur. If I did not answer the question you thought you were asking, please respond with the specific question you wanted answered.

If you did not get all of the information you may have wanted PLEASE USE THE REPLY TO EXPERT LINK IF YOU HAVE FOLLOW UP QUESTIONS AND NOT THE FEEDBACK BUTTON FOR BAD SERVICE. PLEASE CLICK ON “OK,” “GOOD” or “EXCELLENT” SERVICE. Kindly remember to ONLY rate my answer when you are fully satisfied. If you feel the need to rate anything less than OK, please stop and reply to me via the or REPLY TO EXPERT button with whatever issue or clarification you may need.

Also remember, sometimes the law does not support what we want it to support, but that is not the fault of the person answering the question, so please be courteous.


There can also be a delay of an hour or more in between my answers because I may be helping other customers or taking a break.

You can always request me through my profile at or beginning your question with “For PaulMJD…”

Law Educator, Esq. and other Legal Specialists are ready to help you