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When do you get settlement check from auto accident insurance company?
Anonymous3 views5 answers
I just had mediation and we both agreed $50,000 settlement from fault insurance company
my attorney was telling me that i will get settlement check within 2 weeks but I still didnt get anything.
* What is average time that fault insurance company send settlement check to my attorney office?
* Can my attorney take more than me? the contract said attorney will take 40% of it goes to mediation & trial
My attorney said they are going to take $20,000 for attorney fee + Administration fee which is I have to pay attorney office Staffs.
* is that normal? so attorney takes 40% attorney fees AND their STAFFS FEE? or some of attorney does that?
I thought i only need to pay 40% of attorney fee and medical bills and rest of them are mine
they told me i will get about $12,000. is this normal? or no?
Are you sure it was for "administration fees" and not for "litigation fees"? My guess is the $4,500 was how much money they spent on handling your case (records fees, filing fees, deposition costs, etc.). If so, then it is normal for an attorney's fee agreement to call for the reimbursement of litigation costs on top of the attorney's fees. Read your fee agreement and you might have a better idea of what the fees are for. You can also talk to your attorney in person and ask for an itemized list of all the costs of litigation. Let them know ahead of time that you want the list as that might take a bit of time to put together.
It may be normal, or it may not. As far as timing, settlements usually do take longer than two weeks to disburse after a mediation. As far as fees, there is no per se rule that an attorneys' fee must be less than your share of the case. However, you are entitled to a full and complete accounting of how your settlement funds will be spent. You may also petition the Court to determine whether the attorneys' fees and costs are reasonable under RPC 1.05 (http://www.courts.wa.gov/court_rules/?fa=court_rules.display&group=ga&set=RPC&ruleid=garpc1.05).
It is not really clear to me what your attorney is taking as a fee. $20,000 of $50,000 is 40%. If that is all they took, then it sounds like the administrative fee is included in that percentage. As for medical bills, it depends on what you owe -- there is no normal for that. I would suggest you sit down with your lawyer and talk about where the money is going.
All good questions for your attorney. I bet the additional amount deducted from the settlement is to reimburse your attorney for the costs advanced to pursue your case.
