Legal Question in Personal Injury in Florida


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.

Asked on 6/25/07, 10:15 am

2 Answers from Attorneys

Nicolas Babinsky SealMyRecord.Com

Re: avandia

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.

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Answered on 6/25/07, 6:29 pm
Scott R. Jay Law Offices of Scott R. Jay

Re: Personal Injury Attorney's Fees (avandia)

NOTE: This communication is not intended as and should not be interpreted as legal advice. Rather, it is intended solely as a general discussion of legal principles. You should not rely on or take action based on this communication without first presenting ALL relevant details to a competent attorney in your jurisdiction and then receiving the attorney's individualized advice for you. By reading the "Response" to your question or comment, you agree that the opinion expressed is not intended to, nor does it, create any attorney-client relationship, nor does it constitute legal advice to any person reviewing such nformation, nor will it be considered an attorney-client privileged communication. If you do not agree, then stop right here, and do not read any further.

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.

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Answered on 6/25/07, 11:04 am

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