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Ely, Counselor at Law
Category: Personal Injury Law
Satisfied Customers: 102584
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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my daughter had a motor vehicle accident in new jersey back

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my daughter had a motor vehicle accident in new jersey back in november 2009 when she was 18 years of age. the case has now settled and we would like to know what percentage of the settlement amount goes towards attorney's fee. i was told that since she was 18 when the accident occurred, the attorney's fee by law should be 25% instead of one third. please advise. thank you.
Hello friend. My name is XXXXX XXXXX welcome to JustAnswer. Please note: (1) this is general information only, not legal advice, and, (2) there may be a slight delay between your follow ups and my replies.

I am sorry for your daughter's situation.

In cases of personal injury, many attorneys take the case on contingency, meaning they do not get paid unless there is a settlement/award.

If so, then the following rules apply:

1) Whatever was agreed upon by the client and attorney in writing (although it has to be reasonable and the Bar has been known to strike down unreasonable contingency percentages; or

2) If there was no agreement ahead of time, or, the agreement was verbal and the parties disagree, the following normally applies: 33% pre-trial settlement, 40% win at trial, 45% at appeal; plus reasonable office costs.

So one-third is standard, I am afraid. The fact that she was under 18 at the time of the accident does not change this, so the information you had received previously is somewhat misleading.

Surely you prefer that I be honest in my answer – please remember that rating negatively due to receiving bad news still hurts the expert – it is simply the way that the system is set up. Please use REPLY button to keep chatting, or RATE my answer when we are finished. (You may always ask follow ups free after rating.)
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