Is there a maximum percentage an attorney receive in a personal injury case or is it a set amount or fee for the extent of the case. Also are the guidelines of the amount of compensation to attorney or attorneys and what the client actually receives if a settlement is attained?
Answer
With rare exception, personal injury cases are handled on a contingency fee basis. The usual attorney's fee is 33 1/3% of any settlement without a lawsuit and 40% of any recovery if liability is denied and a lawsuit is file. The client receives the amount of the recovery minus the attorney's fee, legal costs and any liens (such as unpaid medical bills). A more specific answer would require a good deal of additional detail regarding the nature of the case. Most personal injury attorney will give a free consultation and answer any questions that you have in detail.
Answer
Mr Burns is accurate. I write only to point out that the contingency fee is higher if an appeal is taken on the case as well. the fee is also reduced for settlements in excess of $1million. The fees are set by the supreme court of florida. The fee agreement should be set forth clearly in a contract with the attorney. This is required by our ethical guidelines.
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