Can either the entire or a portion of the plaintiff’s 33 1/3% attorney fees be covered by the defendant’s insurance damages paid if awarded?

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Can either the entire or a portion of the plaintiff’s 33 1/3% attorney fees be covered by the defendant’s insurance damages paid if awarded?

Or can the damages amount claimed by the plaintiff include the attorney fees in full or a portion of them?

Asked on September 23, 2011 under Personal Injury, Connecticut

Answers:

S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

Contingent attorney's fees in a personal injury case are a percentage of whatever is recovered.  They are not included in the amount recovered or the amount claimed by the plaintiff.  For example, if your settlement in a personal injury case is $15,000, first the attorney's 1/3 is deducted.  Attorney receives $5,000.  Then, medical bills where the doctor has a lien which means the doctor is paid out of the settlement  are deducted.  For example, if medical bills are $3,000, the doctor is paid.  Then, the balance would go to the client which would be $7,000.

If this had not been a contingency fee case and let's say the case resulted in judgment for the plaintiff,  plaintiff could then recover attorney's fees from the defendant.  If plaintiff lost and judgment was for the defendant, defendant could recover attorney's fees from the plaintiff.

In a non-contingency fee case, attorney's fees would most likely be an hourly rate.

The advantage to the plaintiff in a contingency fee case is that plaintiff doesn't pay a high hourly rate.  If plaintiff loses, plaintiff pays nothing other than perhaps expenses.  If the plaintiff wins, attorney is paid a percentage of the total recovered and plaintiff receives the balance after other costs are paid.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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