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Q&A - Frequently Asked Questions

At Lemmo Law we believe that an informed client is important. Please find answers to the most common questions regarding personal injury and medical malpractice cases below.

01

What can a lawyer charge me in a personal injury case?

In a negligence personal injury case a lawyer can charge 33 and 1/3 percent of the sums recovered by settlement or verdict. Under most retainers the lawyer's out-of-pocket case expenses are deducted from the gross recovery before the attorney fee percentage is applied. Any liens such as Medicaid, Medicare and other liens are deducted from the client's share of the proceeds.

02

What can a lawyer charge me in a medical malpractice case?

In a medical malpractice case the maximum legal fee permitted is 30% of the first $250,000 recovered and then a sliding scale is applied with a lower percentage of attorney fees as the verdict or settlement increases. The attorney can recover only 10% of any sum over 1.25 million.

03

How are settlement proceedes distributed when there is a minor involved?

Under the law, an infant is defined as a person under the age of 18 years. If an infant (a person under the age of 18) is involved, then the case must have court approval, called a compromise order, before the settlement proceeds can be distributed.

04

How are settlement proceeds distributed when there is a death of the party?

If there is a death of the party, then the case must have court approval, called a compromise order, before the settlement proceeds can be distributed.

05

What is a compromise order?

A compromise order is needed when there is an infant (a person under the age of 18) involved or there is a death of the party. The compromise order is court approval for the settlement proceeds to be distributed.

Contact Me Today

Edward Lemmo, Esq., is committed to answering your questions about Slip, Trip, & Fall accidents, Motor Vehicle Accidents, Construction Accidents, Wrongful Death, and Medical Malpractice law issues in New York.

I offer a free consultation and I'll gladly discuss your case with you at your convenience. Contact me today to schedule an appointment.

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