Our agreement is one page. We did not read it before signing. I assumed they did not create one for us that would be different than others. As I read it the settlement fee is 33% and the lawsuit fee is 40%. Property depreciation fee is 25%. We settled the property damage on our own. I hope they do not expect or plan to get 25%.
Handling of medical payments fee is no more than $125. The lawyer implied they could negotiate the medical bills down. What sort of % could be hoped for?
It mentions a structured settlement and the legal fee calculated based some value.
They can withdraw if they feel the case is no longer feasible to go forward.
The client can withdraw and if it is before any recovery then they get payment for services and it mentions their per hour rate. If the client later settles then "a" fee is owed based on quantum meruit.
If client withdraws after an offer and later accept that offer, then they get the 33%. ------------------------------------------------------------------
That last phrase brings back a question.
Here is a hypothical situation: Jane Doe is injured in an accident. Her lawyer pushes her to take the latest offer. She is reluctant to do so and the lawyer withdraws. Now what does she do?
She discusses the matter with her husband John and she concludes that she should have taken the offer. Can she contact the insurance company to agree to take the rejected offer? How long do people have to accept a rejected offer after the lawyer withdraws?
This withdrawal process is very disturbing as to how it can work. Insurance company and lawyer can force low offer on the injured. The insurance company knows say 80% the lawyer does not want court and the lawyer does not either for various reasons. Therefore the company makes a low offer, the lawyer intimidates, then withdraws becaure the injured did not take the low offer. What incentive does the company have to make a fair offer if they know the lawyer does not want a suit? Company and lawyer may feel the low offer is fair and threaten withdrawal. Not good for people who are injured in accidents every day in this country.
Does it take a large legal firm to fight for every last dollar for the injured?