I received a retainer from my attorney for a auto accident(where I was not at fault), the following statement was in the retainer "This retainer shall not apply to property damage, personal injury protection and medical expense claims when these funds are recovered without a lawsuit. " My question: Are my medical bill considered medical expenses, if so can my attorney charge a 1/3 of these medical bills(expenses)?
Answer
Your attorney is telling you in the retainer agreement that he/she is not charging you the contingency fee for recovering for property damage, your own personal injury protection coverage which is part of your policy, and any other first party insurance. Once you have completed your medical treatment and all your other losses and expenses have been determined, the attorney will undertake to settle your liability claim with the other driver's insurance. The attorney will factor in the severity of your injuries, the amount of your out of pocket losses, including medical expenses even though paid through other insurance, lost income, and any other out of pocket expenses. He/she will also consider the length of time it took you to fully recover from your injuries. If you reach a settlement, the attorney will be entitled to 1/3 of that amount as their fee.
No comments:
Post a Comment