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Does State Farm insurance pay attorney fees for the planiff ?

Albuquerque, NM |

We are sueing a roofer.
Will his inurance company for for our legal fees for negligence if win in civil court?

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Attorney answers 5


No. You cannot collect attorney fees. The rare exception is if your roofing contract had a provision for attorney fees. Sometimes in negligence cases the plaintiff's lawyer agrees to a contingent fee of 25-33% of the settlement or court judgment, meaning if you don't recover neither does he. If you have an hourly fee then there is a chance that most of your winnings will go to your lawyer. The roofer has a similar dilemma paying fees plus whatever he ends up owing you. This economic reality is why 95% of cases settle sooner or later.

Stephen D Aarons

Stephen D Aarons


when I say he I should say his insurance company is paying for their attorney fees and usually they decide when it makes sense to settle.


Extremely unlikely that attorneys fees are covered.

Call for a free consultation at 727-937-1400 or visit us on the Web at


In general, each party to a lawsuit bears their own legal fees unless the parties to the lawsuit signed a written agreement stating otherwise. I am assuming this is a direct action against the roof for breach of contract or negligence.


No, but you can get a lawyer on a contingency fee basis.


No. Discuss this with your attorney.

Legal Disclaimer:

If this information has been helpful, please indicate below.

Mr. Lundeen is licensed to practice law in Florida and Vermont. The response herein is not legal advice and does not create an attorney/client relationship. The response is in the form of legal education and is intended to provide general information about the matter within the question. Oftentimes the question does not include significant and important facts and timelines that, if known, could significantly change the reply and make it unsuitable. Mr. Lundeen strongly advises the questioner to confer with an attorney in your state in order to ensure proper advice is received.

This ans. does not create an attorney/client relationship.

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