Is there a cap on the 33% fee that attorneys charge?

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Is there a cap on the 33% fee that attorneys charge?

Had a case we settled and what to know if there’s a cap on how much the lawyer gets for a personal injury case.

Asked on April 28, 2011 under Personal Injury, Illinois

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

Generally speaking, a third - or 33 1/3% - is the cap.  Some states allow for a straight third and some states have a sliding scale, meaning that if the settlement is above a certain amount the fee can drop to 25% or a fourth of the settlement or verdict.  If you want to double check on everything call your local bar association and ask.  They will be happy to explain the breakdown of fees in a personal injury action to you.  Now, remember that there are fees that come off the top of the settlement, like court fees, doctor's fees that are outstanding, etc., and that will ultimately reduce the payout in the end.  Good luck to you. 


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