Legal Question in Personal Injury in Indiana

Is this Fair?

I have a lawyer that will represent me in an auto mobile accident. He asks for 33 1/3% of the amount recovered if settled shot of a trial, 40% if settled 10 days of trial and 40% recorved there after. No hourly rate, yet may include a statutory fee. The contract does not state how much the statory fee would be. Is this a resonable fee?


Asked on 10/21/03, 2:48 pm

3 Answers from Attorneys
Eric Southward Southward & Haggard

Re: Is this Fair?

Yes, it's resonable. Be aware you may also be responsible for all expenses too.

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Answered on 10/21/03, 3:16 pm
Michael Tobin Michael M. Tobin, P.A.

Re: Is this Fair?

Yes, it's fair. Supreme Court allows 40% for settlement after Answer denying liability and an additional 5% for appeal. Statutory fee is a fee allowed against the defendant where permitted by statute. Probably irrelevant to yout auto case but possibly allowed after a successful topping of an Offer of Judgment.

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Answered on 10/21/03, 3:17 pm
Peter Gonzalez Sanchez-Medina, Gonzalez, Quesada, Lage, Crespo, Gomez & MachadoLLP

Re: Is this Fair?

It appears to be the standard attorney engagement agreement for contingency fee cases for plaintiffs involving personal injury claims. The agreement should also provide that the attorney gets reimbursed for all expenses incurred in relation to your case. It's standard.

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Answered on 10/21/03, 3:21 pm


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