Page 1 of 2 12 LastLast
Results 1 to 10 of 14
  1. #1
    Join Date
    May 2013
    Posts
    6

    Default Attorney Fees and Form 26a

    i currently have a case that my attorney has told me i have to take partial settlement - form 26a , i have had multiple surgeries and have a 30% disability rating on knee and at the age i am will probly need more surgeries down the rd,currently back at work ,the settlement is for around 25k but my attorney is charging me 17k out of that amount for supposedly other fees etc beyond the 25% that i was led to believe that i would be charged... the attorney said if i did not sign form 26A then the adjuster would file for a hearing and i would be stuck paying out even more .. any advice would be appreciated .. and do i have to sign a form 26a and if i dont and they did call for a hearing and i did not go , what would happen??

  2. #2
    Join Date
    Feb 2007
    Location
    831 East Morehead St., Ste 355, Charlotte, NC 28202
    Posts
    3,778

    Default Re: Attorney Fees and Form 26a

    You need to get an itemization of what you are supposedly being charged for.

    The normal attorney fee on $25,000 on a Form 26A would be 25%, or $6,250.00, and nowhere close to $17,000. You need more details.

    I am not sure what fact pattern you have going on to cause your lawyer to say you might have to "pay more" if you went to hearing. The fee percentage should not change whether you go to hearing or not.

    Did you hire a workers' comp lawyer, or some other kind of lawyer?
    The North Carolina Court of Appeals has held that "In contested Workers' Compensation cases today, access to competent legal counsel is a virtual necessity." Church v. Baxter Travenol Labs, Inc., and American Motorists Insurance Company, 104 N.C. App. 411, 416 (1991).

    Bob Bollinger, Attorney and Board Certified Specialist in NC Workers' Compensation Law

  3. #3
    Join Date
    Jan 2013
    Posts
    91

    Default Re: Attorney Fees and Form 26a

    Your settlement is 25k and he gets 17k. FOR WHAT!!! Are you sure you didn't misunderstand him?

  4. #4
    Join Date
    May 2013
    Posts
    6

    Default Re: Attorney Fees and Form 26a

    Quote Quoting complwyr View Post
    You need to get an itemization of what you are supposedly being charged for.

    The normal attorney fee on $25,000 on a Form 26A would be 25%, or $6,250.00, and nowhere close to $17,000. You need more details.

    I am not sure what fact pattern you have going on to cause your lawyer to say you might have to "pay more" if you went to hearing. The fee percentage should not change whether you go to hearing or not.

    Did you hire a workers' comp lawyer, or some other kind of lawyer?
    yes it is a workers comp lawyer

    - - - Updated - - -

    Quote Quoting 1999 View Post
    Your settlement is 25k and he gets 17k. FOR WHAT!!! Are you sure you didn't misunderstand him?
    that is what they said... they claim since they did a hearing they could then charge me 25% of wages recieved , they had another fee on it that they waived , said if they charge me that fee i would owe them..

    - - - Updated - - -

    i have not signed anything yet .. i dont know what to do,, i feel as if im being taken advantage of..

  5. #5
    Join Date
    Jan 2013
    Posts
    91

    Default Re: Attorney Fees and Form 26a

    Listen to computer,as he is a N.C. W.C. lawyer. YOH need some answers. I wouldn't sign anything until I got them. Did you all fly to the hearings in his personal jet? SOMETHING just not adding up. Seem like you need a lawyer for your lawyer. And just why would you have to pay more? What are you paying for?

    - - - Updated - - -

    Sorry should say Complywr.

  6. #6
    Join Date
    Feb 2007
    Location
    831 East Morehead St., Ste 355, Charlotte, NC 28202
    Posts
    3,778

    Default Re: Attorney Fees and Form 26a

    Laser-- Your last post does not make sense to me. Something is missing. You need more info from the law firm.
    The North Carolina Court of Appeals has held that "In contested Workers' Compensation cases today, access to competent legal counsel is a virtual necessity." Church v. Baxter Travenol Labs, Inc., and American Motorists Insurance Company, 104 N.C. App. 411, 416 (1991).

    Bob Bollinger, Attorney and Board Certified Specialist in NC Workers' Compensation Law

  7. #7
    Join Date
    May 2013
    Posts
    6

    Default Re: Attorney Fees and Form 26a

    Quote Quoting complwyr View Post
    Laser-- Your last post does not make sense to me. Something is missing. You need more info from the law firm.


    there suppose to email me the proposed bill, when i get it ill post it

  8. #8
    Join Date
    Feb 2007
    Location
    831 East Morehead St., Ste 355, Charlotte, NC 28202
    Posts
    3,778

    Default Re: Attorney Fees and Form 26a

    Did your attorney have a "life care plan" prepared? That may explain it.
    The North Carolina Court of Appeals has held that "In contested Workers' Compensation cases today, access to competent legal counsel is a virtual necessity." Church v. Baxter Travenol Labs, Inc., and American Motorists Insurance Company, 104 N.C. App. 411, 416 (1991).

    Bob Bollinger, Attorney and Board Certified Specialist in NC Workers' Compensation Law

  9. #9
    Join Date
    May 2013
    Posts
    6

    Default Re: Attorney Fees and Form 26a

    if they are not willing to adjust there bill.. i could refuse to sign the form 26A , and then i guess the insurance lawyer will file for a hearing , which i would not attend...and i assume the court would forfeit my case and i would be out 8k, << my share after there bill. i don't know of any other options...

    - - - Updated - - -

    No they did not have a life care plan

  10. #10
    Join Date
    Feb 2007
    Location
    831 East Morehead St., Ste 355, Charlotte, NC 28202
    Posts
    3,778

    Default Re: Attorney Fees and Form 26a

    You need to find out what is on the bill. Something sounds odd to me.

    - - - Updated - - -

    You may have some options, but first you have to get an itemization of what they are charging you for. You cannot explore any of your options until you have that information.

    Their fee bill cannot be more than 25% of it. Perhaps they have a bunch of advanced costs they are seeking reimbursement for, or they did some other kind of legal work for you that they want to collect fees for out of the 26A money.
    The North Carolina Court of Appeals has held that "In contested Workers' Compensation cases today, access to competent legal counsel is a virtual necessity." Church v. Baxter Travenol Labs, Inc., and American Motorists Insurance Company, 104 N.C. App. 411, 416 (1991).

    Bob Bollinger, Attorney and Board Certified Specialist in NC Workers' Compensation Law

Similar Threads

  1. Attorney Fees
    By chiefman58 in forum Illinois
    Replies: 4
    Last Post: 02-14-2019, 02:12 PM
  2. Attorney Fees
    By zenwonder in forum Florida
    Replies: 0
    Last Post: 04-22-2010, 11:21 AM
  3. Attorney Fees from Sec-32
    By jbro in forum Legal Issues
    Replies: 0
    Last Post: 02-24-2010, 05:20 PM
  4. Help With Attorney Fees
    By smackman in forum Louisiana
    Replies: 0
    Last Post: 05-21-2007, 03:36 AM
  5. Attorney's Fees
    By Shooter in forum California
    Replies: 1
    Last Post: 01-03-2007, 04:13 AM

Bookmarks

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •  
 


Find a Lawyer