Personal Injury Attorney Fee Structure

Most Louisiana personal injury attorneys will apply a contingency fee off the top of the gross settlement, then deduct case expenses. The contingency fee is usually 1/3 pre-suit , 40% post filing of suit and 50% if goes to trial or appeal. But contracts vary.

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and the doctor

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why is she trashy?

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Probably has something to do with her boss

What's worse than a bus full of lawyers going off a cliff?

A half full bus of lawyers going off a cliff.

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attorneys took exactly 49%

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Some of this is reimbursement for expenses, so that’s a little misleading. The lawyers would’ve likely taken 33, 35, or 40%. Never heard of a “49%” contract.

So, reimbursement for expenses, like I said.

To clear more than half of the gross settlement is doing well. It sounds like there weren’t much in medical bills, all things considered (if there were, a lot more of his money would’ve gone to those bills/liens), so that’s a pretty good result.

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why is she trashy?

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Because simpletons and low iq people believe getting in a fender bender should equal a lottery ticket for themselves.

Your post asks two separate questions.

1) Most law firms operate those kind of cases on contingency, meaning the claimant owes nothing until verdict/settlement. General contingency fee is 30-40% across the board in Louisiana, staying closer to the 33-35% range - with a kicker if it goes to trial the contingency fee jumps to 40%.

The contingency fee generally does not cover case expenses/liens/subrogations: such as filings, deposition costs, trial prep costs (exhibits), court filing fees, expert fees, etc. Those are deducted from the gross amount after verdict/settlement.

So for example: say a case settled for $100k - to get to that the attorney had to depose the tortfeasor and the insurance adjuster, file a motion to compel, take a writ on a Motion to Quash 1442 deposition of insurance adjuster, get the police report, and request medical records which lets hypothetically say in total cost $8.5k. In this hypo: the client incurred $25k of medical treatment via their BCBS membership (actual paid amount by BCBS was $6,250 and a write off of $18,750 was applied). BCBS would notice a lien on the file for reimbursement of the $6,250. The attorney would then negotiate with the insurer, this case BCBS for a reduction in the lien pursuant to Moody.(a legal case which generally reduces the lien by 1/3)

So the math would go like this:

Gross Settlement: $100,000.00
Att Fee (33%) ($33,000.00)
Expenses on File: ($8,5000.00)
BCBS Lien (negotiated): ($4,166.67)
Net to Claimant: $54,333.33

Obviously, this is just a hypothetical with fictitious numbers for expenses and liens

2)Regarding the value/"math" of what a case is worth - the math comes down to multiple factors: what type of injections (ESI, MBB, RFAs), what other type of treatment (PT/Chiro), if liability is established/contested, treatment span (date of loss to last date of treatment), need for future medical treatment, the venue (jurisdiction) the case is pending, willingness of claimant to go to trial, egregiousness of the actions of tortfeasor (person who did the wrong action), and likeability/personality of the claimant.

I've seen the same treatment, treatment span, and medical specials go to vastly different conclusions based on 1) venue 2) likeability/personality of claimant, 3) actions of tortfeasor, and/or 4) willingness to go to trial.