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Attorney's share of recovery

Discussion in 'Accidents, Injuries, Negligence' started by Funnyman, Oct 21, 2019.

  1. Funnyman

    Funnyman Law Topic Starter New Member

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    Working with an attorney following a vehicle accident, on a contingency fee agreement. Per contract, attorney is to be paid "from any recovery, settlement or judgement one third of the total amount of said recovery, settlement or judgement after the deduction of any costs."

    I understand that "costs" include postage, court costs, etc. Do "costs" also include the amounts I must reimburse Medicare? In other words, does "one third of the total amount of said recovery, settlement or judgement after the deduction of any costs" refer to the 1/3 of total amount recovered minus postage, court costs, etc. or does it refer to postage, court costs, etc plus the amounts I must reimburse Medicare?

    To be clear: Assuming a $100,000 recovery "Costs" amount to $1000. Medical reimbursement amounts to $9000.
    Does the attorney receive $33,000 (1/3 of $99,000) , or does she receive $30,000 (1/3 of $90,000)?
     
  2. adjusterjack

    adjusterjack Super Moderator

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    No. The Medicare reimbursement comes out of your share.

    1/3 of the $99,000.

    Medicare (and any other liens by providers or insurance) comes out of your 2/3.
     
  3. zddoodah

    zddoodah Well-Known Member

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    No.

    The former.

    The attorney gets 1/3 of $99k, so $33k.
     
  4. PayrollHRGuy

    PayrollHRGuy Active Member

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    And just so it is clear to you, "costs" are more than just minor things like postage and court costs. Expert witnesses come to mind.
     

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