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Berta
I have a vet who was severely malpracticed on by the VA.
His vet attorney, had a limited amount of work to do, and charged the vet 25 % of the compromise the vet received.
My legal question is this:
"No attorney shall charge, demand, receive, or collect for services rendered, fees in excess of 25 per centum of any judgment rendered pursuant to section 1346(b) of this titleor any settlement made pursuant to section 2677 of this title, or in excess of 20 per centum of any award, compromise, or settlement made pursuant to section 2672 of this title."
https://www.law.cornell.edu/uscode/text/28/2678
He does not fall ito the 1346(b) criteria He falls into this criteria in 28 USC 2672.ant not 1346 (b) of Title 28, or under Section 2677.
He veteran received the fastest malpractice settlement I have even seen. The malpractice had already been confirmed by the VA.Do you see ,in these regulations, why I feel he was possibly overcharged by his attorney?
Thanks, and Happy Memorial Day everyone! No rush on replies- It is a Happy day but that is because of the sacrifices so many men and women have made for the Great USA! We can never forget that our Freedom has been insured since the Battle of Trenton, !!!!!!!And still is, because of our Nation's men and women, who have always been and will continue to be willing to serve our great Nation.!!!!!
It is a good day to put down the VA War of the Words BS, and reflect on what we have, because of all our veterans, alive or dead, have done for us all.
"attorney shall charge, demand, receive, or collect for services rendered, fees in excess of 25 per centum of any judgment rendered pursuant to section 1346(b) of this titleor any settlement made pursuant to section 2677 of this title, or in excess of 20 per centum of any award, compromise, or settlement made pursuant to section 2672 of this title."
https://www.law.cornell.edu/uscode/text/28/2678
38 USC 2672
U.S. Code
Title 28. JUDICIARY AND JUDICIAL PROCEDURE
Part VI. PARTICULAR PROCEEDINGS
Chapter 171. TORT CLAIMS PROCEDURE
Section 2672. Administrative adjustment of claims
“Any award, compromise, or settlement in an amount of $2,500 or less made pursuant to this section shall be paid by the head of the Federal agency concerned out of appropriations available to that agency. Payment of any award, compromise, or settlement in an amount in excess of $2,500 made pursuant to this section or made by the Attorney General in any amount pursuant to section 2677 of this title shall be paid in a manner similar to judgments and compromises in like causes and appropriations or funds available for the payment of such judgments and compromises are hereby made available for the payment of awards, compromises, or settlements under this chapter. “
“Any award, compromise, or settlement in an amount of $2,500 or less made pursuant to this section shall be paid by the head of the Federal agency concerned out of appropriations available to that agency. Payment of any award, compromise, or settlement in an amount in excess of $2,500 made pursuant to this section or made by the Attorney General in any amount pursuant to section 2677 of this title shall be paid in a manner similar to judgments and compromises in like causes and appropriations or funds available for the payment of such judgments and compromises are hereby made available for the payment of awards, compromises, or settlements under this chapter. “ Title 28, USC, Section 1436 (b)
t does not appear that he falls under 28 USC Section 2677 either:
https://www.law.cornell.edu/uscode/text/28/2677
The key phrase there is 20 Percentum but the veteran falls under 28 USC 2672
U.S. Code
Section 2672. Administrative adjustment of claims
The veteran received the fastest malpractice settlement I have even seen. The malpractice had already been confirmed by the VA.Do you see ,in these regulations, why I feel he was possibly overcharged by his attorney?
Thanks, and Happy Memorial Day everyone!
Edited by BertaLink to comment
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