Is it normal for a personal injury attorney to take a third of the award settlement? 2 Answers as of February 23, 2011

My elderly mother was recently awarded a settlement from a hospital where she fell and broke her elbow. Her attorney had to pay back the insurance co.before my mother got her money. The attorney took a 3rd of all the money(including the insurance payback). Was this ethical?

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Harris Law Firm
Harris Law Firm | Lauren Schmidt-Dipaola
Yes, a standard fee for a personal injury is 1/3 of the total money recovered. In some cases attorneys may take up to 40% of the total money recovered.
Answer Applies to: Oregon
Replied: 2/23/2011
Law Office of Travis Prestwich, PC
Law Office of Travis Prestwich, PC | Travis Prestwich
Yes. It is typical for the attorney, under a contingent fee contract, to be paid one-third of the gross amount received. Typically, however, the insurance payback will be discounted by a third to offset the attorney fees paid on those monies.
Answer Applies to: Oregon
Replied: 2/22/2011
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