Several items are typically deducted from your personal injury settlement: (1) Attorney fees—usually 35% to 40% pre-litigation or 40% if a lawsuit was filed; (2) Case costs—filing fees, medical record fees, expert witness fees, deposition costs, etc.; (3) Medical liens—amounts owed to healthcare providers who treated you on a lien basis; (4) Health insurance subrogation—reimbursement to your health insurer for treatment they covered; (5) Medicare/Medicaid reimbursement if applicable. At Kane Trial Law, we negotiate to reduce liens and subrogation amounts, and we're transparent about all deductions so there are no surprises.
Client comment: The fee is taken from the gross recovery amount, then costs, then the medical subrogation claim(s) are paid, the remainder goes to the client. Typical fee is 35-40%