hello i got injurted on 9-18-08- the insurance paid me for one mnth 2800.00- i finally settled the case- i got 17800.00- but the attorney done billed over 7000.00 thats way over 25% is that legal and can he take 25% of the money done paid to me plus i got a mmi of 5% can he get 25% of those checks also and this is in tx
You may want to call the state bar association and ask them. In the state of Texas, the attorney fee is 25%.
If the attorney aided in the the "settlement", the the attorney would be due the 25% of the 5% rating.
some lawyers charge a percentage plus fees ...check your contract
i check with the attorney no all he is charging is 25%
it depends on the state -- each state has different laws.
the comp court controls atty fees.
most states the fee is based on all benefits received not just disputed.
most require a fee disclosure notice prior to accepting representation.
I also had to pay for some extras my IME doc and some different tests he wanted done that the WC would not pay for the docs waited for that money but the lawyer took it off the top as it was considered a lein on my settlement
Texas
Attorney's fees are only paid when legal work is done on your case, and they only charge for reasonable and necessary legal work that they have performed. They submit our charges to the State who then reviews our charges and determines if they fall within their guidelines. After the State approves their fees, the State should send the approved fees to you for your review. If you do not dispute the fees the State orders the insurance company to begin deducting attorney’s fees from your weekly check at up to twenty-five percent of your check until they are paid.
Attorney fees for claimants are limited by statute to 25%. In certain cases, the attorney fee may be added to the award.
Texas
Attorney's fees are only paid when legal work is done on your case, and they only charge for reasonable and necessary legal work that they have performed. They submit our charges to the State who then reviews our charges and determines if they fall within their guidelines. After the State approves their fees, the State should send the approved fees to you for your review. If you do not dispute the fees the State orders the insurance company to begin deducting attorney’s fees from your weekly check at up to twenty-five percent of your check until they are paid.
Attorney fees for claimants are limited by statute to 25%. In certain cases, the attorney fee may be added to the award.
ok let me ask you a another question iseeled for a 5% mmi i should be getting 15 additional checks my workmans comp checks were 712.00 what should my iibs checks be
yes. 3x5=15 weeks x 525 = $7875.
Impairment Income Benefits equal 70 percent of your average weekly wage (AWW). There is a state maximum or impairment income benefits just as there is for TIBs. The maximum for IIBs is 70 percent of the state AWW. currently it's $525.
http://www.tdi.state.tx.us/wc/employee/maxminbens.html