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can my lawyer take a percentage from the entire amount of settlement before the bills are paid? thanks.

1 Answers. Asked on Feb 23rd, 2012 on Automobile Accidents - Rhode Island
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Licenced in CA
Answered on Apr 05th, 2012 at 2:42 PM

Usually, "yes".  Check the retainer agreement to see if the attorney's fee is based upon the "gross amount of the settlement" or the "net after paying medical expenses".

We have been involved in situations where we have recovered hundreds of thousands of dollars for a client (usually policy limits and/or questioned liability) who has two to ten times that amount in medical bills.  If the attorney didn't get paid before paying medical bills there would be no attorney fee what so ever.  In those types of cases, an injured person couldn't get an attorney to collect the few hundred thousand for them if the attorney wasn't going to be paid for his work and expertise.

The usual case is an attorney's fee is based upon the gross recovery, the full amount recovered.

You can check with the Bar Association in RI to see if there are any special rules that apply to your specific situation.

John Bisnar

Bisnar|Chase, Personal Injury Attorneys

Trusted Professionals, Proven Results


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Automobile Accidents
Automobile accidents can be costly. Depending on your insurance, you may have to pay for some or all of your car repairs, plus the cost to rent an auto while yours is in the shop. And if your car crash was serious, you may also be hit with big medical bills and other expenses. But if the accident was someone else's fault, you may not have to pay for accident-related expenses. Under many states' personal injury laws, the person or company at fault in your accident can be sued for damages. Talk to an experienced automobile accident attorney or personal injury law firm to learn whether you have a valid case against the other driver. Auto accident lawyers can also help you pursue products liability claims against the vehicle manufacturer if your accident was the result of a problem or defect with your motor vehicle.
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