Legal Question in Health Care Law in Florida

contingency cases
Is a lawyer allowed to charge more than 33.3 percent of the amount recieved in a settlement in a contingency case? This is a settlement with a nursing home for failure to give proper care to our parent. I am asking this question for my sister who lives in Tampa, Fla. In a reciently settled case she was charged additional fees on top of the 33.3%. fees charged were 40% of the amount awarded.

Asked on 2/15/07, 12:58 pm

Alan Wagner Wagner, McLaughlin & Whittemore P.A.

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Re: contingency cases

she needs to look at her contract. Without express court approval, the maximum fee is

1. 33% if liability is admitted or there is a settlement before an answer to the complaint is filed;

2. 40% if there is an answer to the complaint and liability is denied.

this applies for the first $1,000,000 of recovery. The percentages go down to 30% for the next million and then to 20% thereafter.

Answered on 2/15/07, 5:24 pm

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