How does a lawsuit settlement work in the state of Kansas?
I was a passenger in a car accident in ’04 and my lawyer finally was able to ask for a settlement after the people involved in my injury decided to go ghost and I was able to find them. I am entitled to personal injury loss and my lawyer is asking for more because the main injury I sustained may be permanent. Even though I’m entitled to personal injury fees along with the other parties that’s involved(the person who hit me and caused the car to hit two other cars) can I get more? If so what amount can I get once my lawyer get his fee and the state of Kansas get their fee from taxes since this is a civil suit. My personal injury gain is $450K. My lawyer is asking for over $600K more for med. exp. and loss of income. His fee range is 32% if net recovery is reached, 36% if recovery is reached after filing a lawsuit, and 40% if recovery is reached after commencement of final prep for trial. Could I also ask my insurance to pay the legal fees? Can’t find info anywhere about this.
It all depends on what kind of coverage the defendant had. Legal fees always come out of the settlement, read your representation agreement. Your medical bills will have to be paid back whether it is health insurance or if you did not have health insurance then you probably have outstanding medical bills. I know some health insurance companies in Kansas do not subrogate so you would have to speak with your attorney.
You’ve already indicated that you have an attorney, in Kansas. If that is the case, why aren’t you asking him these questions?
If you don’t trust the answers, then make an appointment with a different attorney and pay them a small fee for a second opinion.
In a contingency case, generally the attorney fees are paid from the total settlement amount. The advantage of this is that you don’t have to pay attorney’s fees up front, on an hourly basis. The attorney is also on the hook, because if you lose the case, the attorney doesn’t get paid. The good side of this for the attorney is that he/she gets paid a set percentage, regardless of the amount of work performed.
It seems to me your insurance won’t pay your legal fees, because in this case, there is no malfeasance, just negligence.
Ask your lawyer, as I indicated above, or contact the Kansas Bar Association for a referral to another lawyer for a second opinion.