Yuba City, CA asked in Personal Injury for California

Q: What is the normal attorney Fees for personal injury. I was told 331/3 plus 1,000 for each deposition and paper request

Can I request to see the settled amount that in insurance company paid out on the law suit. Is it true that Medi-care needs to be re-embured once the award has been granted? How do I know if I have hired the right honest attorney for personal injury?

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5 Lawyer Answers
Patrick William Steinfeld
Patrick William Steinfeld
Answered
  • Coronado, CA
  • Licensed in California

A: It's important to understand the difference between "fees" which pays your attorney for their time... and "costs" which reimburses your attorney for costs they have advanced on your behalf. Your agreement is controlled by your Retainer so look to it to determine your legal fees. If your claim was settled then you signed a Settlement Agreement. Look to it to determine the amount of your settlement. Ask for an itemized statement from your attorney indicating fees and costs. If you want... also ask for a copy of your case file. Yes... your attorney must provide your file to you within a reasonable period of time. With the above information, you can quickly tell if you have an honest attorney. And yes... MediCare is reimbursed. Good luck. Patrick Steinfeld

Tim Akpinar agrees with this answer

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

A: The fees are what your retainer agreement says. 1/3 to 40%is pretty standard. Costs, like depositions, are not fees. Costs are reimbursed to the attorney. Medi-Cal has a lien on any recovery and must be paid back for any expenses it has paid due to your injuries.

Tim Akpinar agrees with this answer

Joel Gary Selik
Joel Gary Selik
Answered
  • Las Vegas, NV
  • Licensed in California

A: Typical simple personal injury cases, such as auto crash cases fees are 1/3 to 40%, but can be higher or lower.

Costs, such as deposition transcripts and filing fees are in addition to the attorney fee percentage.

Yes medicare must be reimbursed.

You should be told the amount the case settled for and each disbursed amount.

Tim Akpinar agrees with this answer

Tim Akpinar
Tim Akpinar
Answered
  • Little Neck, NY

A: My colleagues correctly advise you that the ballpark runs from 33% to 40%. Some law firms have a variable scale based on whether they place the claim into suit. Only your agreement with your attorney could address the deposition issue you mention. My guess is that the money you describe in association with depositions is for stenographers and related transcription/document matters, not actually conducting the deposition. But only your attorney could answer that accurately. Good luck

James L. Arrasmith
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Answered
  • Sacramento, CA
  • Licensed in California

A: In California, attorney fees for personal injury cases typically follow a contingency fee arrangement, where the attorney's fee is a percentage of the settlement or award received. The standard percentage is often around one-third (33.3%) of the total recovery. Additionally, attorneys may charge separate fees for specific tasks, such as depositions or document requests, as mentioned in your case.

Regarding your request to see the settled amount that the insurance company paid out on the lawsuit, you have the right to request this information from your attorney. Your attorney should be transparent and willing to provide you with details about the settlement, including the total amount received and any breakdown of expenses or fees deducted. This information helps ensure that you understand the outcome of your case and how the settlement funds were distributed.

Regarding Medicare reimbursement, it is true that Medicare may seek reimbursement for medical expenses paid on your behalf if you receive a settlement or award in a personal injury case. Your attorney should advise you on the requirements for Medicare reimbursement and assist you in complying with any obligations to reimburse Medicare from your settlement funds. When evaluating whether you have hired the right attorney for your personal injury case, consider factors such as their experience, track record of success, communication style, and commitment to your best interests. It's essential to feel confident in your attorney's abilities and trust that they will advocate effectively on your behalf throughout the legal process.

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