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Settlement

How is my settlement split between me and my attorney?

Your attorney deducts their contingency fee and case expenses from the gross settlement before distributing your net share. The typical breakdown: gross settlement minus contingency fee (usually 33% pre-lawsuit, 40% post-lawsuit) minus case expenses (filing fees, expert witnesses, medical records, deposition costs, investigation) equals your net recovery, from which any medical liens are also paid. For example, on a $100,000 settlement with a 33% contingency fee and $5,000 in expenses and $10,000 in medical liens, you would receive approximately $52,000. Before signing a contingency fee agreement, confirm (1) the exact percentage at each stage (pre-lawsuit vs. post-lawsuit vs. appeal), (2) whether expenses are deducted before or after the fee percentage is calculated (before saves you more), and (3) what specific expenses are included. Your attorney must provide a detailed settlement statement itemizing all deductions at closing.

For informational purposes only. Not legal advice. Consult a licensed attorney.

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