Santa Monica, CA asked in Personal Injury for California

Q: In a car accident is it legal to receive only 22% of the settlement amount after attorney and medical costs are paid.

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3 Lawyer Answers
Adam Stoddard
Adam Stoddard
Answered
  • Santa Clara, CA
  • Licensed in California

A: It depends on the contingency fee agreement you negotiated with your attorneys. Contingency fees mean you will pay the lawyer a certain percentage of the money you receive if you win the case or settle the matter out of court.

If you lose your case, the lawyer does not receive any payment from you. However, whether you win or lose your case, you will have to pay some or all of the court costs and other expenses, which can be quite high. Contingency fee agreements must also state whether you will be required to pay the lawyer for related matters not specified in the fee agreement, which may arise as a result of your case.In most cases, the agreement also must note that the attorney’s fee is negotiable between the attorney and the client. They are not set by legal statute or law.

William John Light
William John Light
Answered
  • Santa Ana, CA
  • Licensed in California

A: Yes, it's legal. It is possible to receive 0% if the settlement is low enough and the costs/medical expenses are high enough. There is no guarantee of the profitability of a personal injury case. Whether that is appropriate in your case would depend on the many issues, including comparative fault, available insurance limits, amounts of medical billing, attorney fees and costs.

Dale S. Gribow
Dale S. Gribow
Answered
  • Palm Desert, CA
  • Licensed in California

A: yes it is legal.

it usually happens when the costs eat up a good percentage of the money that would go to you.

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