What Morgan and Morgan settlements typically cover
Morgan and Morgan is a personal injury law firm that handles cases involving car accidents, slip-and-fall injuries, medical malpractice, and wrongful death. When they settle a case, the settlement is the money the at-fault party's insurance company (or the party themselves) agrees to pay to resolve the claim without going to trial. The settlement covers medical bills you've already paid, ongoing treatment costs, lost wages, and compensation for pain and suffering.
The firm operates on a contingency basis, meaning they don't charge an upfront fee. Instead, they take a percentage of whatever settlement or judgment you receive—typically 33% if the case settles before trial, and up to 40% if it goes to trial. You pay nothing unless you win money.
Settlement amounts vary widely depending on the severity of your injury, the clarity of fault, the insurance policy limits, and the strength of your medical evidence. A minor soft-tissue injury might settle for a few thousand dollars, while a permanent disability or death case could reach six or seven figures. The firm's role is to investigate the accident, gather medical records, negotiate with the insurance adjuster, and present your case in a way that maximizes what the insurer will pay.
Key Takeaways
- Morgan and Morgan charges no upfront fee and takes a percentage of your settlement, so you only pay if you win money.
- Settlements cover medical expenses, lost income, and pain and suffering, but the amount depends on injury severity and insurance policy limits.
- The firm investigates your accident, collects medical evidence, and negotiates with the insurance company on your behalf.
- You should understand what percentage the firm will take and what costs (medical records, court filing fees, informed witnesses) may be deducted before you receive your share.
- Settlement timelines range from a few months for straightforward cases to over a year for complex injuries or disputed liability.
How the settlement process works step by step
After you hire Morgan and Morgan, the firm begins by gathering evidence: police reports, medical records, photos of the accident scene, and statements from witnesses. They send a demand letter to the at-fault party's insurance company that outlines your injuries, medical treatment, lost wages, and the amount you're seeking. This letter is not a lawsuit—it's a formal request for the insurer to make an offer.
The insurance adjuster reviews the demand and either makes a counteroffer, asks for more information, or denies the claim. Morgan and Morgan then negotiates back and forth with the adjuster. Most cases settle during this phase. If the insurer won't budge and the offer is too low, the firm files a lawsuit in civil court. Once a lawsuit is filed, both sides exchange documents (called discovery), and the case may go to mediation—a meeting with a neutral third party who tries to broker a settlement—or proceed to trial.
When a settlement is reached, you sign a release form agreeing not to sue the at-fault party again over that same injury. The insurance company then sends a check to Morgan and Morgan's trust account. The firm deducts their percentage, any costs they paid on your behalf (such as medical record retrieval fees or court filing fees), and any outstanding medical liens (agreements with hospitals or doctors to be paid from your settlement). The remainder goes to you.
What gets deducted from your settlement
Before you receive a settlement check, several deductions come out. The most significant is the firm's contingency fee—33% for pre-trial settlements or up to 40% if the case goes to trial. This is negotiated when you sign the retainer agreement, and you should ask about it upfront.
Case costs are also deducted. These include filing fees paid to the court, costs to obtain medical records, fees for informed witnesses (such as a doctor who testifies about your injury), and investigation expenses. Some firms advance these costs and deduct them from your settlement; others ask you to pay them as they occur. Ask Morgan and Morgan which approach they use before you sign.
Medical liens are another deduction. If you received treatment at a hospital or through a health insurance plan while your case was pending, that provider may have a legal right to be repaid from your settlement. The firm handles notifying these providers and ensuring liens are paid, but the money comes from your settlement amount, not from the firm's fee.
Settlement amounts and what influences them
There is no standard settlement amount. A case involving a minor car accident with a few weeks of physical therapy might settle for $5,000 to $15,000. A case involving a broken bone, surgery, and months of recovery could reach $50,000 to $150,000. Permanent injuries, disfigurement, or death cases often settle for much more—sometimes $250,000 or higher—but this depends heavily on the insurance policy limits.
Insurance policy limits are the ceiling on what you can recover from that insurer. If the at-fault driver has a $25,000 bodily injury limit and your medical bills alone are $40,000, the insurer will only pay $25,000 no matter how strong your case is. Morgan and Morgan will investigate whether other insurance policies (such as an umbrella policy or underinsured motorist coverage on your own policy) can cover the gap.
Liability—whether the at-fault party was clearly at fault or whether fault is shared—also affects settlement value. A rear-end collision where the other driver ran a red light is clear liability. A multi-car accident or a case where you were partially at fault is more complex and typically settles for less. The strength of your medical evidence matters too: clear documentation of treatment, imaging (X-rays or MRI scans), and a doctor's statement that your injury was caused by the accident all increase settlement value.
Timeline: how long settlements take
Straightforward cases—clear liability, minor to moderate injury, no disputes—often settle within three to six months. The firm sends a demand letter, the insurer makes an offer within a few weeks, and negotiations conclude quickly.
More complex cases take longer. If your injury requires ongoing treatment, the firm may wait until you've finished therapy before demanding settlement, so the insurer knows the full extent of your medical costs. Cases involving permanent injury, multiple parties, or disputed liability can take nine months to over a year to settle. If the firm files a lawsuit, add another six months to two years depending on the court's schedule and whether the case goes to trial.
You should ask Morgan and Morgan for a realistic timeline when you first meet. The firm can usually tell you within a few weeks whether the case will settle quickly or take longer based on the insurer's initial response and the complexity of your injury.
When Morgan and Morgan takes a case to trial
Most personal injury cases settle before trial—roughly 95% nationally. Morgan and Morgan will take a case to trial only if the insurer's offer is significantly lower than what the firm believes a jury would award, or if the insurer refuses to negotiate in good faith. Going to trial is expensive and time-consuming, so the firm weighs the cost of informed witnesses, court preparation, and attorney time against the likelihood of a higher verdict.
If your case goes to trial, you and the firm's attorney will present evidence to a judge or jury. The jury decides whether the at-fault party was liable and, if so, how much to award you. Trials typically last a few days to a few weeks. If you win, the judgment is the amount the jury awards. If you lose, you receive nothing, though you won't owe the firm's trial costs if the retainer agreement specifies that the firm advances them.
Trial verdicts can be higher than settlements because a jury may award more for pain and suffering than an insurance adjuster would offer. However, there's also risk: a jury might find the at-fault party not liable, or award less than the settlement offer. Morgan and Morgan should discuss this risk with you before deciding to go to trial.
Questions to ask Morgan and Morgan before signing
Before you hire the firm, clarify the contingency percentage (33% or 40%, and under what circumstances it changes), what case costs they advance versus what you pay, and whether they handle your case or refer it to another attorney. Ask for an estimate of how long your case might take and what the likely settlement range is based on similar cases they've handled.
Request a copy of the retainer agreement in writing and read it carefully. It should spell out the fee structure, what costs are deductible, and what happens if the case doesn't settle. Ask whether the firm will pursue medical liens on your behalf and whether they'll negotiate with your health insurance company to reduce what's owed back to them (called a lien reduction or negotiation).
Finally, ask what happens if you disagree with a settlement offer. Some firms require your written consent before accepting any settlement; others may have different procedures. Knowing this upfront prevents misunderstandings later.
Frequently Asked Questions
Can I negotiate the contingency fee with Morgan and Morgan?
Contingency fees are often negotiable, especially if your case is straightforward or if you're bringing a large claim. The standard is 33% for pre-trial settlements, but some firms will accept 25% or 30% if you ask. Always discuss this when you first meet, and get the agreed percentage in writing in your retainer agreement.
What if I disagree with the settlement offer the firm wants to accept?
You have the right to reject any settlement offer. The firm cannot accept a settlement without your written consent. If you and the firm disagree strongly, you can fire them and hire another attorney, though you may owe them a fee for the work they've done up to that point. Discuss this scenario in your retainer agreement.
How do I know if Morgan and Morgan's settlement offer is fair?
Ask the firm to explain how they calculated the demand amount and what similar cases have settled for. Request a breakdown of your medical bills, lost wages, and the pain-and-suffering component. If you're unsure, you can also consult another personal injury attorney for a second opinion before accepting.
What happens if the at-fault party doesn't have insurance?
If the at-fault party is uninsured, Morgan and Morgan can still sue them directly, but collecting a judgment is harder. The firm may pursue your own underinsured motorist coverage (if you have it) or recommend filing a claim with your state's uninsured motorist fund if one exists. Ask the firm about these options early on.
Do I have to pay taxes on my settlement?
Most personal injury settlements are not taxable income under federal law, but there are exceptions—particularly for settlements that include punitive damages or interest. Ask Morgan and Morgan or a tax professional whether any portion of your settlement is taxable. The firm should provide you with documentation of how the settlement was allocated.