Medical Malpractice medical malpractice contingent fee cap - how does it work

[RitaY]

I got a settlement of 175,000 and was looking at the tiered fee cap. Was just wondering how this works? I live in California.

STRAIGHT FORWARD MATH VERSION
If your settlement is 50,000 or less it is 40%, 100,000 or less 1/3 and over 100,000 25%.

25% of 175,000 - $43,750 to be paid to the attorney.

CREATIVE MATH VERSION
Or is it creative math of the 40% of the first 50,000 = 20,000
1/3 of the next 50,000 = 16,666,66
25% for anything over 100,000 = 18,750.00

Total $55,416.66

My attorney has been so deceitful I don't trust them. Which is it and how does this REALLY work.

Thanks,

 

[mightymoose]

Hard to say without reading the agreement between you and the attorney, but common sense suggests the straight forward method.

 

[geraldanthony]

did not understood your issue

 

[jdguy]

If you really think there is a problem you can report it to the state bar type in California State Bar Complaint into google and it the form will pop up. Their phone number is (800) 843-9053. A 40% fee is quite high and could possibly be unconscionable 33% is the highest I have seen. Contingency fee agreements have a lot of requirements that must be complied with in California and if your in way you should look into it a little more.

One thing that happens in contingent fee requirements is the attorney will take out court costs from the client, which can reduce your reward. For example the client pays for expert witness, medical records, etc out of their award and that can make a huge difference in the money you obtain.

I do not completely understand the fee schedule you described so check it out and speak to the attorney and make sure everything is ok. Anonymous internet posters like myself don't really know the intricacies of the situation if he is unresponsive and appears deceptive then complain to the bar. However, consult with the attorney first before doing that and make sure your all on the same page.