Re: Attorney Fee's in a Settlement
Depends on the wording of the retainer and the attorney - laws vary from state to state, not sure about Ohio.
Are ( or can ) attorney fees be applied the WCMSA portion of a settlement?
I've seen some do it and some not - technically they're entitled to a percentage benefits obtained on your behalf through litigation.
Technically, that MSA money is yours and included in the total amount of the settlement, you can decide to use it properly or not.
The attorney did obtain those funds through litigation so technically he/she is entitled to a percentage.
Like I say, some do - some don't, ask your attorney and see what he/she says.
Moderator Responses are based on my personal bias, experience and research - They do not represent the views of the admin nor may be accepted in the legal community, always consult an attorney.