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  1. #21
    Join Date
    Oct 1971
    Posts
    5,300

    Default Re: Lawyers Fees for Final Settlement

    My lawyer says everything was approved and she wants to talk to me about her fees before she sends the paperwork to me for my signature.
    If everything has been approved there's nothing more to sign, just tell her to mail the check.
    You already posted the carrier paid into the MSA account, they issue your check at the same time.
    Hell, go see her and tell her to her face and sign whatever paperwork she's talking about.

    To be honest, what you're posting makes no sense, this isn't how the process works.

    Tony
    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.

  2. #22
    Join Date
    Jun 2022
    Posts
    35

    Default Re: Lawyers Fees for Final Settlement

    The MSA is fully funded with the seed amount. Here is what my lawyer just sent me, If I could post a picture here, please tell me and I will gladly post the entire email.

    "I just left you a voicemail message. I have received the approval letter from medicare approving the amount of your MSA trust fund.



    So I am preparing the settlement paperwork. I need to discuss whether you are willing to agree to the attorneys fee of $20,000 that we had discussed a few weeks ago. I would really appreciate it if you would agree to this given all of the hard work I have given to you for many years.



    Please call me today and then I will email you the settlement papers. Thanks.
    --------
    next email is below---


    "The insurance lawyer is reviewing the documents and she said it might not be until next week that she gets back to me. But I will forward you the papers tomorrow for you to review. The insurance lawyer may make changes so you can hold off signing them until she reviews."
    --------------

    She states I have to sign papers, still not sure why the insurance company would make changes. We already had a mediation and an agreement. If possible, can I sent the paperwork to any of you on here to review for me to make sure everything is correct. My wife is concerned they may throw something in that I don't catch. Thank you all so much

  3. #23
    Join Date
    Oct 1971
    Posts
    5,300

    Default Re: Lawyers Fees for Final Settlement

    If possible, can I sent the paperwork to any of you on here to review for me to make sure everything is correct.
    This isn't a legal aid site, we can't review personal documents nor should you post them.
    Only agree to the amount determined at the mediation hearing.

    Go to the below link and print out the fee disclosure statement and present it to your attorney.
    Also you can call 1-800-736-7401 and get updated advise from an Information and Assistance Officer on the current caps on lawyer fees.
    This site is for general info and may not be updated or current law.

    State of California
    Department of Industrial Relations
    Division of Workers' Compensation
    FEE DISCLOSURE STATEMENT
    https://www.dir.ca.gov/dwc/forms/dwc3.pdf

    Also:
    Attorneys Fees
    When the WCC orders that the Claimant is entitled to compensation based on permanent partial disability, the Claimant will receive a weekly award. For these cases, an attorney is only entitled up to 20% of the amount due for the first 75 weeks of an award of compensation awarded, up to 15% of the amount due for the next 120 weeks of an award, and up to 10% of the amount due in excess of 195 weeks. For cases involving amputation or loss of vision, an attorney is only entitled to a fee up to 5% of the compensation awarded, but the compensation cannot be greater than six times the state average weekly wage (SAWW) for the year the injury occurred.
    https://www.mdcomplaw.com/info/worke...ttorneys-fees/

    I have no idea of what's going on but the board will not approve inflated attorney fees.

    Tony
    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.

  4. #24
    Join Date
    Jun 2022
    Posts
    35

    Default Re: Lawyers Fees for Final Settlement

    Thank you, and sorry, I just thought if I emailed them to you it would be clearer on what she is asking of me. Thanks for the websites. After all of this she asked me to write a review for her on some lawyers website!

  5. #25
    Join Date
    Oct 1971
    Posts
    5,300

    Default Re: Lawyers Fees for Final Settlement

    I just thought if I emailed them to you it would be clearer on what she is asking of me.
    It's against forum rules to solicit e-mails or personal info from myself or members - I see you tried that a couple of times in this thread.
    Be advised that if it continues you may be banned.

    "The insurance lawyer is reviewing the documents and she said it might not be until next week that she gets back to me. But I will forward you the papers tomorrow for you to review. The insurance lawyer may make changes so you can hold off signing them until she reviews."
    If everyting has been approved, that train left the station - it's too late now to change anything.
    Why is the defense reviewing documents after the approval?
    Again, this makes no sense.
    Maybe you have a communication problem - Something about your postings is off, too much doesn't add up.

    If anyone on this site receives any documents from this poster do not respond and inform me immediately.
    Never reveal your personal info or e-mail to anyone.

    Tony
    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.

  6. #26
    Join Date
    Jun 2022
    Posts
    35

    Default Re: Lawyers Fees for Final Settlement

    Again, my apologies, I didn't read the forum rules, I was referred to this forum from a past coworker who also used this platform for help with his situation. No problem, I will not post anything private or ask anyone for information. And I have not given my email to anyone either. Do appreciate the knowledge that people on here have and the websites for assistance. At this point, I will contact another lawyer to make sure what mine is doing is legitimate and fair to me.

  7. #27
    Join Date
    Jun 2022
    Posts
    35

    Default Re: Lawyers Fees for Final Settlement

    For future clarification if anyone else ever needs these answers - according to MD WC Commission, an attorney can file for additional fees using a document called "Petition for approval of attorney fees in excess of Fee Schedule" and can do this without approval of claimant. If the commission feels the attorney is due excess fees, they can be awarded. My attorney did that form and she is waiting for the answer before sending my settlement for signatures. So in a nutshell, it can be done. I am hoping her petition is not granted as is my wife.

  8. #28
    Join Date
    May 2010
    Posts
    661

    Default Re: Lawyers Fees for Final Settlement

    Quote Quoting jerry68 View Post
    For future clarification if anyone else ever needs these answers - according to MD WC Commission, an attorney can file for additional fees using a document called "Petition for approval of attorney fees in excess of Fee Schedule" and can do this without approval of claimant. If the commission feels the attorney is due excess fees, they can be awarded. My attorney did that form and she is waiting for the answer before sending my settlement for signatures. So in a nutshell, it can be done. I am hoping her petition is not granted as is my wife.
    Not surprised that they can do it with good reason....Will the oversee'ers see it that way? Can that attorney make false claims on the form? Im assuming its going to take the attorney even more time? Keep us informed on the outcome, hope this gets settled soon for you!

  9. #29
    Join Date
    Oct 1971
    Posts
    5,300

    Default Re: Lawyers Fees for Final Settlement

    If the commission feels the attorney is due excess fees, they can be awarded. My attorney did that form and she is waiting for the answer before sending my settlement for signatures. So in a nutshell, it can be done.
    The fact she filed for excessive fees makes sense, that was one fact left out of this post - the way you posted she was just going to add it on without the board's approval.
    Like I said, any attorney fees will have to be approved by the board.

    I seen that in one of the sources I posted - the key words here are "If the commission feels the attorney is due excess" which is rare.
    The attorney has the right to file for excessive fees without your permission, she could've at least explained things to you so you wouldn't be in the dark.
    If she feels she is due excessive fees she better have just cause for filing.

    Here's what was posted earlier in this thread.
    However, where LC 5801 fees are concerned, if an attorney is requesting more than $2,500, adequate evidence must be presented to establish a higher fee.
    https://www.lexisnexis.com/legalnews...attorney-s-fee

    You made it sound like she was going to add it on with just your permission after the case was approved, which wouldn't fly - attorney fees must be approved by the board.

    Tony
    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.

  10. #30
    Join Date
    Jun 2022
    Posts
    35

    Default Re: Lawyers Fees for Final Settlement

    Yes that is what i thought before getting advice from another lawyer. I definitely wouldn't recommend her to anyone because she does not explain things that well. This whole thing has been a headache. The lawyer who read through everything also noted that my attorney was paid during the last few years but put on the Petition that she didn't receive any fees at all. Maybe she has me mixed up with another client, I don't know. But now that this has been brought to my attention I have left her a message about the form and want it redone to reflect what she has in fact been paid up to this point.

    THANK YOU! I will let everyone know. She added expenses too, which I don't know what they are so I asked. Hopefully it is expenses that I am responsible for and not made up. She typed in her response that she did an extraordinary job. My wife said that is what she is supposed to do! LOL

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