Auto Insurance Claims: CAR ACCIDENT, contingency basis, representation agreement

Question
I WAS THE DRIVER WITH MY 3 KIDS AS PASSENGERS.1 WAS AIRLIFTED(POSSIBLE INTERNAL BLEEDING)RESULTS(-),AGE 8, 1 SUFFERED FRACTURE TO CLAVICLE HER AGE 4, 1 WALKED OUT OF THE CAR HIMSELF. WITNESSSES ON MY BEHALF INCLUDING POLICE OFFICER.THE ONE THAT CRASHED INTO ME HAS INS PLCY LMTS=$250,000 PER INJURED, NOT TO EXCEED $500,000.  MYSELF NO INS.I SETTLED FOR $8,500.00 FOR MEDS AND PROPERTY DAMAGE. Q1)LEGALLY CAN MY ATTRNY COLLECT FROM THIS ATTORNEY FEES, MEDS, AND LEAVE ME $0.00, LITERALLY??

Answer
Erica,

I'm not sure I completely understand your question, but I will do my best.

If you hired an attorney, you signed a representation agreement that stated the fees that the attorney would charge. Generally, attornies fees on a contingency basis will range from 33% to 40% of the total amount collected. So if your claim was settled for $8500.00 The attorney would deduct his fee and if it is 33% that would be $2,805.00. Then the attorney would have to pay any medical expenses out of what was left and you would get any other money that was left after that. If there was nothing left after paying the attorney fees and medical bills then you would get nothing.  

If your childs case is still going on, you may want to find another attorney.

I hope this helps
Richard Hixenbaugh