Accident claim issue - help required
damodaran
(Querist) 27 December 2012
This query is : Resolved
Dear All,
In Jun 07 my father met with an accident. In Apr 12 we had gone for "Out of court settlement". We have been sactioned Rs.5,00,000/- as a compensation.
Our lawer is Mr. A, through him only we had gone for this out of court settlement.
During the case argument, Mr.B argued for our case instead of Mr.A though Mr.A was there. In presence of Judge and Mr.A, we told Mr.B that he should not argue for our case because Mr.A is our lawer. As we said Mr.B kept quite and left that place immediately after a while. We only argued and won the claim of Rs.5,00,000/- though Mr.A was there with his mouth shut.
We were sanctioned the compensation in Apr 12. Till now we have not received our cheque. When enquired Mr.A he said that cheque will be issued in the name of my father, we need not have to worry.
Several monts went on like this, last week we again asked him, he said that cheque is ready but we need to talk to Mr. B to finalise the percentage as a lawer fee because Mr. B only did all the works to finalise the case.We said to Mr.A that you are only our lawer, but he is not agreeing and keep on telling us to contact Mr.B.
Whenever I make a call to Mr.A's cell phone, he attends the call but never answer back or gives it to his kids.
I am afraid that if I speak to Mr.B, he may demand more percentage.
Even if I put pressure on Mr.A, I dont know much much percentage he will ask.
(I did not initially agree/discuss any percentage/amount as lawyer fee)
I don’t know what to do next.
My queries are as follows
1) What is the average percentage is collected by the lawers as a fee on accident compensation?
2) How to handle/deal with Mr.A?
3) Is it right to talk to Mr.B?
4) If I talk to Mr.B and If he demands more percentage, then what do I have to do?
I don’t know what to do next. I am totally confused.
Please help. Request your advise.
R.K Nanda
(Expert) 27 December 2012
contact local lawyer.
Raj Kumar Makkad
(Expert) 31 December 2012
1. Generally 10%
2. Appear in person before the MACT which passed the judgment and get the cheque therefrom.
3. It depends.
4. You should not provide in total more than 10% including A & B so it hardly affects who gets how much.
