VDW... I work for a firm. So I may be able to shed some light... hopefully, we didn't handle this and we can discuss that privately if need be. I'm not an attorney so this is not legal advice. I did just ask our WC atty your question however(WC is a strange strange thing), and without knowing limits and what not.. a lot can't be known. Ps - it's a trust account not a trust fund.. basically it's just a separate account from the firms working account to hold settlement funds till they are dispersed. No interest is earned. So the trust account is where the firm gets paid from as well.
Basic run down:
WC has a subrogation right to your settlement from your PI.
Policy limits (I'm guessing they were state minimums? $25k)
If WC lien was higher than policy limits then they likely took half of the PI settlement. Which in most cases WC has to give permission to settle for limits. Typically they would settle for 1/3, unless the lien is high.
If you want to provide me with any numbers privately, I can probably get you a better answer.
The 33.33% would come from the full settlement amount, not just what you recover from the settlement.
You should seek advice from another attorney however, if you do not feel you were done right. There could possibly be other avenues to explore. Such as UM/UIM claims on your personal insurance. Not sure how that would work from being in a work vehicle though.





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