Legal Question in Personal Injury in Wisconsin

Minor hurt in car accident

My son was hurt in an auto accident in wisconsin when he was 15 4 dec 2005, they want to settle, his attorney anyway, how much compensation can an attorney take from settlement, I have been told they can only take 20 percent according to wisconsin state law? My sons attorney wants to take 1/3? which does not leave my son much for all he went through, just need someone to answer this question.


Asked on 5/10/07, 2:30 pm

2 Answers from Attorneys
Thomas Schober Schober Schober & Mitchell, S.C.

Re: Minor hurt in car accident

Since your son is a minor, someone probably entered into the agreement with the attorney representing him. You should look to that agreement. There is no limit as to the percetage an attorney may charge, but it should have been in the fee agrement with the client. As a minor, your son may also have a guardian ad litem, an attorney appointed by the court, to watch over things. That GAL may also assist you in resolving things with the primary attorney. Good luck.

Read more
Answered on 5/10/07, 3:59 pm
Michael End End, Hierseman & Crain, LLC

Re: Minor hurt in car accident

There is nothing in Wisconsin law that prohibits a lawyer from taking a contingent fee of one-third of the recovery. When a personal injury claim regarding a minor is settled, however, the settlement is not binding unless it is approved by a judge. The amount of the attorney fee must be approved by the judge in such a situation. Judges sometimes make a lawyer reduce the attorney fee to one-fourth of the settlement, if the judge thinks it is appropriate to force such a reduction. It is up to the judge's discretion as to whether to allow the lawyer the one-third fee. I have never heard anything about restricting a lawyer's fee to 20%.

Read more
Answered on 5/14/07, 10:07 am


Related Questions & Answers

More Personal Injury Law and Tort Law questions and answers in Wisconsin