Will my lawyer take 33 percent of a clincher settlement?

Full question:

In the process of settleing a workmans comp case. Doctor said would probably have to have a hip replacement within 2 years. If the workmans comp insurance wants to add a clincher should or will my lawyer get 33 percent of that?

  • Category: Courts
  • Subcategory: Settlements
  • Date:
  • State: South Carolina

Answer:

A clincher agreement is a settlement in a workers' compensation case. By signing it, you give up all rights to future benefits in exchange for a lump sum payment. This agreement typically considers future medical costs, your disability rating, and a timeframe for job placement within your restrictions. Insurance companies usually propose a clincher if no work is available for you at your previous job, or if you plan to resign.

Regarding attorney fees, the amount you owe your lawyer depends on your contract with them. Generally, attorneys receive a percentage of any settlement amount. This percentage can differ from what they receive if you win a case at trial. It’s important to review your contract carefully or ask your attorney to clarify the fees related to a clincher agreement.

This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

FAQs

Compensation for a hip injury varies based on factors like the severity of the injury, medical expenses, lost wages, and the impact on your daily life. In workers' compensation cases, benefits typically cover medical costs and may include compensation for permanent disability. It's best to consult with a workers' comp attorney to get an estimate based on your specific situation.