my husband died of a heart attack after taking avandia for a while. I was coantacted by a lawyer who wants 40% if he gets a settlement. If that amount legal or the rate usually charged.
2 Answers from Attorneys
Attorney fee agreements are regulated by the state bar organizations. Usually if a lawyer obtains a settlement without the necessity of filing suit the fee is one third. If he files suit he can collect up to 40% of the first million then it decreases after that. This is in Florida.
Re: Personal Injury Attorney's Fees (avandia)
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A Florida attorney is limited to the following maximum fee schedule:
(a) 33-1/3% of any recovery up to $1 million through the time of filing of an Answer or the demand for appointment of arbitrators;
(b) 40% of any recovery up to $1 million through the trial of the case;
(c) 30% of any recovery between $1 million and $2 million;
(d) 20% of any recovery in excess of $2 million;
(e) If a defendant admits liability at the time of filing an Answer and requests a trial only on damages:
(i) 33-1/3% of any recovery up to $1 million from that defendant through trial;
(ii) 20% of any recovery from that defendant between $1 million and $2 million;
(iii) 15% of any recovery from that defendant in excess of $2 million;
All fees are negotiable, however, and you can try to negotiate a lesser fee with your attorney.
Scott R. Jay, Esq.