Standard on personal injury cases is 1/3 of gross recovery.
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Typically, at least in Illinois, it is 1/3 of the gross amount collected. From that, costs advanced are deducted, liens paid, and other medical costs paid.
Stephen L. Hoffman
Law Office of Stephen L. Hoffman LLC
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Typically in most areas, it is 1/3 on the gross recovery. Expenses and medical are deducted after the fee has been taken. If the case has some difficult issues or requires an appeal the fee may increase to 50% or more depending on the facts.
This response does not create a lawyer client relationship. Each case is determined on its specific facts and this reply is intended for a general audience and facts particular to your case may affect the answer. Consult with an attorney in person for specific answers to your questions.
The typical attorney fee for representing an injured person is 33 1/3% (1/3) of the total, gross recovery. Sometimes, attorneys will increase the fee to more than that if the case is actually tried to a jury and not settled prior to trial. Rates often increase when appeals are necessary. This may seem unfair, but the contingency fee arrangement is set up so that injured persons who can't afford to pay an attorney an hourly fee to represent them, can still get help. The fee structure is set up because the attorney is taking a risk taking on a client as well, as the ultimate recovery in any case changes during the pendency of representation. I hope this answers your question. Good Luck.
Almost always 1/3 of the gross amount. Case costs are also typically taken from the client's share.
You and your lawyer should have these terms in writing.
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As the others have mentioned, most lawyers charge one third. It is normal for the lawyer to charge a bit more if the case must be appealed. WIth that exception, I do not think that you should hire a lawyer who charges more than 1/3. It is simply not necessary. Most excellent lawyers are happy to do the work for 1/3 (whether or not a trial becomes necessary). Likewise, I wouldn't hire a lawyer that charges less. The best lawyers don't need to discount the fee. For more details, I'll pass on a link to a more in depth article I wrote regarding contingency fees. Feel free to call if you have other questions.
The percentage is taken from the gross settlement or judgment. Although most attorneys charge a straight 33%, some do a hybrid of 33% before filing suit, 40% after. Many of us will negotiate the percentage based on the facts and complexity of the case.
Mr. Padove is licensed to practice law in Illinois and Indiana. He can be contacted at Burtonap@aol.com (219) 836 2200. 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. Padove strongly advises the questioner to confer with an attorney in your state in order to ensure proper advice is received. If this information has been helpful, please indicate below.
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