Attorney's share of recovery

[Funnyman]

Jurisdiction

Vermont

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)?

 

[adjusterjack]

Do "costs" also include the amounts I must reimburse Medicare?

No. The Medicare reimbursement comes out of your share.

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)?

1/3 of the $99,000.

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

 

[zddoodah]

Do "costs" also include the amounts I must reimburse Medicare?

No.

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?

The former.

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)?

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

 

[PayrollHRGuy]

I understand that "costs" include postage, court costs, etc.

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.