I Almost Died: The Problem of the $14,000 referral fee !
A personal account of surviving a severe auto accident, highlighting the importance of understanding attorney fees and the impact on recovery in personal injury cases.
In my late 20s I was in an auto accident. I was a passenger in a Jeep. The driver of the Jeep I was in ran a stop sign and we were clocked by another Jeep on my side. I went out through the seem between the top of the door and the roof. I was up and walking around at the scene, talking and making sense, apparently. But an EMT put a pressure cuff on me and confirmed that I had substantially internal bleeding.
My liver had been severely lacerated. I was taken by ambulance to the local emergency department and had emergency surgery.
I spent a week in the Intensive Care Unit and a total of 3 weeks in the hospital.
I ultimately filed a claim against the driver of the Jeep I was in. The case settled shortly before trial.
A couple of weeks after we settled the case, my attorney and I met to go over the settlement sheet. It was then that I noticed that a portion of the fee I agreed to pay my attorney was being distributed to another attorney as a “referral fee”.
I knew that the referring attorney did not want any part of a referral fee. I said as much to my attorney
Wasn’t a problem, he said. My attorney said he’d be just a minute, got up from the table and returned just a bit later with a revised settlement sheet showing that the referral fee was added to my recovery. He also had a new, larger, check for me.
That drove home a lesson that has stuck with me since and drives my interest in helping other accident victims: the attorneys who actually do the work in a personal injury case are used to paying referral fees and retaining the rest of total fee for themselves as compensation for their work.
A typical personal injury fee in my community is 33% of the total recovery. Referral fees are typically 1/3 of the fee or 11% of the total recovery. In my case, eliminating the referral fee increased my recovery by about $14,000.00. It made a difference.
Frequently asked questions
Why does understanding attorney fees matter so much?
Because how the fee and case costs are structured can cost or save you many thousands of dollars out of your recovery.
What is the lesson of the $14,000 phone call?
A first-person example of how fee terms — negotiated or not — changed the author's net recovery by thousands of dollars.