Check out some similar questions!

jammy23 · Jul 19, 2015, 02:08 PM

I loaned someone a lot of $$ so she wouldn't lose her house- her mother was a
Friend from work. Anyway, she stopped paying me back just like that. Her
Sister called me. Said her mother can't afford to help me but when her lawsuit
Against a hospital is won (I knew she had a very strong case) she would pay me
What her sister owes me. The case went on for years.

Finally the case was settled. She called me and begged me to forgive the loan
(I had no legal case anyway) because the lawyers took almost all the money.
I said okay.

What I really want to find out is, how much did she get when she settled just
Before it went to trial. I got the Index number and the county but all I get
Is the supreme court appointments, postponments, etc. but still can't get that
Final number.

Is it possible I can get it?

Fr_Chuck · Jul 19, 2015, 11:09 PM

Ask her to show you the actual papers. If she refuses, she is most likely lying. Also Where is this at, and how many years ago was this.

Very likely you are just out your money and hopefully learned a lesson about always doing it in writing, and getting a judgement if they do not pay.
Depending on how long it has been, and the statue of limitation on the loan you gave, if you can sue them in court.

jammy23 · Jul 20, 2015, 05:40 AM

My loss is a done deal, I know that. What I'm trying to find out is how much she
Got. You see, I cut off all ties with her once I forgave the loan. I will make a
Friendly call to her IF I find she really got a raw deal. I just want to know how to
Go about it. Thank you Chuck (once again) for taking the time to write a reply to
Me.

jammy23 · Jul 21, 2015, 02:13 PM

Is there any way I can find out how much someone got in a settlement?

Someone has owed me $$ for over seven years. She finally settled.
Told me the lawyers took almost all of the $$. I know the case # and
Those involved. Any way I can find out how much she got? This is in
The state of New York, Queens County

smoothy · Jul 21, 2015, 02:49 PM

You already asked this same question on Jul 19 which was answered... they were combined by moderators... and there is no need to ask again... the answers won't change.

jammy23 · Jul 21, 2015, 05:31 PM

Originally Posted by smoothy

You already asked this same question on Jul 19 which was answered... they were combined by moderators... and there is no need to ask again... the answers won't change.

I didn't realize it was a group reply.
It didn't really help me so I was looking for a direct answer (can I find out, etc.)

Statue of limitations is long gone... and I was trying to find out on my own.
Thank you anyway

smoothy · Jul 21, 2015, 05:34 PM

Just an FYI. On this site anyway. More than one thread on a question only confuses everyone. On a public website. Everyone can see it and any member or number of members can answer.

J_9 · Jul 21, 2015, 05:37 PM

If it was a medical malpractice case there is a chance the settlement amount is a sealed amount. In that case you cannot find out unless you are verbally told the amount by the winning party.

excon · Aug 11, 2015, 06:45 AM

Hello j:

If you GO to the courthouse where the suit was filed, you can read it.

excon

J_9 · Aug 11, 2015, 06:50 AM

Originally Posted by excon

Hello j:

If you GO to the courthouse where the suit was filed, you can read it.

excon

Not if the amount is sealed. This happens a lot in med/mal cases.

AK lawyer · Aug 11, 2015, 09:08 AM

... I got the Index number and the county but all I get
Is the supreme court appointments, postponments, etc. but still can't get that
Final number. ...

Online, I assume? Many clerks of court (it varies from state to state, and by county in each state) offer that kind of information online; fewer offer the filed documents online. You could go to the clerk's office and ask to see the actual settlement documents; as others have indicated it's possible that the settlement amount was not disclosed.

jammy23 · Aug 13, 2015, 06:57 AM

Originally Posted by AK lawyer

Online, I assume? Many clerks of court (it varies from state to state, and by county in each state) offer that kind of information online; fewer offer the filed documents online. You could go to the clerk's office and ask to see the actual settlement documents; as others have indicated it's possible that the settlement amount was not disclosed.

If the lawyers took much more then their l/3 of costs, can the party appeal?

J_9 · Aug 13, 2015, 07:05 AM

Originally Posted by jammy23

If the lawyers took much more then their l/3 of costs, can the party appeal?

It would depend on the original contract. Most med/mal attorneys take 33.3% of the winnings. It will be in a written contract, it's called a contingency fee agreement.

They couldn't appeal the decision, rather they would have to sue the attorney if he/she/they deducted more than the contracted agreement.

ebaines · Aug 13, 2015, 11:56 AM

I doubt that "the lawyers took almost all the money" - as already noted typically lawyers in a malpractice case like this would work on contingency with 33% take, so the sister would have ended up with 2/3 of the awarded amount. Perhaps the amount was much smaller than originally anticipated, but more likely: if the woman was borrowing from you I bet she was also borrowing from others, and so may have used much of the award to pay off those other loans. If she despeerately needed money from you to avoid losing her housed, she was most likely fully maxed out on credit card debt, mortgage, and home equity loans.

AK lawyer · Aug 13, 2015, 02:17 PM

Originally Posted by jammy23

If the lawyers took much more then their l/3 of costs, can the party appeal?

Contingent fee agreements provide that the lawyer will get a portion of the judgment amount (or settlement), not the costs (filing fees, etc.). And while 1/3 is typical, the agreed-upon contingent fee can usually be a higher or lower percentage. It's subject to negotiation between the attorney and client.

And an appeal would be unlikely; more often if the client doesn't agree with the attorney taking a given portion, it would come down to fee arbitration or another lawsuit.

smoothy · Aug 13, 2015, 03:01 PM

Originally Posted by AK lawyer

Contingent fee agreements provide that the lawyer will get a portion of the judgment amount (or settlement), not the costs (filing fees, etc.). And while 1/3 is typical, the agreed-upon contingent fee can usually be a higher or lower percentage. It's subject to negotiation between the attorney and client.

And an appeal would be unlikely; more often if the client doesn't agree with the attorney taking a given portion, it would come down to fee arbitration or another lawsuit.

Also subject to local law. District of Columbia caps it at 25%, Virginia right across the river caps it at 33 1/3%. Found this out during a workman's Comp case wife had.

And Certain extra fee's aren't part of it. Depositions are one but not the only.

AK lawyer · Aug 14, 2015, 05:27 AM

Originally Posted by smoothy

Also subject to local law. District of Columbia caps it at 25%, Virginia right across the river caps it at 33 1/3%. ...

That's why I wrote "can usually be". Here in Florida there is a 1/3 cap.

But the main point I was making is that 1/3 is not cast in stone. Surprisingly, many people assume that contingency-based fees have to be 1/3. Not true.

And workers' comp. is different. Usually (Here's that word again: I don't know if it's true in all 50 states or in foreign lands.), worker's comp. fees are subject to approval by the tribunal. So if, for example, the lawyer and client agreed on 1/3, it would still be subject to approval by the tribunal (workers' comp. board or court, depending on the jurisdiction); the lawyer might only be awarded a lesser percentage. Thus I have my doubts whether a contingent fee agreement in a WC case makes any sense.

J_9 · Aug 14, 2015, 06:54 AM

The attorneys charge for phone calls, letters written, postage, court costs, paying expert witnesses etc. these money's are usually deducted from the settlement amount. After these fees are deducted, they then take their percentage of the contingency fee. If this case dragged on for years, there is a good chance that what could have been a six figure settlement, the fee deductions have dwindled it down to a measly check cut to the plaintiff.

AK lawyer · Aug 14, 2015, 11:15 AM

Originally Posted by J_9

The attorneys charge for phone calls, letters written, postage, court costs, paying expert witnesses etc. these money's are usually deducted from the settlement amount. ...

If the attorney tries to charge for his time in writing letters and making phone calls, I would dispute it. That should be a part of the contingent fee. If, on the other hand, you mean telephone long-distance charges, etc. (largely a thing of the past), that's OK. But if you mean dictating a letter and then paying someone to type it, charging for the typist is verging on criminal fraud. It's not the 1940s anymore.

Other overhead (expenses not allocated to a specific client), such as the expense of printing letters and envelopes) is doubtful too. I mean, do some attorneys really keep track of those things?

ebaines · Aug 14, 2015, 11:57 AM

My attorney son-in-law has to enter a project number into the machine when making photocopies, so that the client gets billed for it. Yes, they track those things. But on the other hand he isn't working on a contingency basis, but rather his firm charges clients based on hourly rates and expenses.