United Brachial Plexus Network, Inc.

What percentage $ does your attorney take?

Have they reduced it because you settled rather than go to trial?

Have they reduced it because your child is a minor?

Have they reduced it for any reason?

My son's attorney's get 25% because it is a federal torte claim, but his attorney has said if we settle out of court she may reduce the fees because the cost for her would be much less !!!

I have never heard of an attorney reducing anything. What I do feel is that by the time my child's case is over the attorney will walk away with more than my son. I wish I never went.

My attorney was supposed to get 33 1/3% but it was lowered to 28% because we did not go to trial.

many states have laws that control attorneys fees for cases concerning minors. Also, in most states a settlement for a child must be apporoved by the Court. Mosts Judges expect the attorneys fee for a child to be lower than it would be for an adult.

some states have laws that control attorneys fees for all medical malpractice cases.

there should NEVER be an instance where the attorney receives more money than your child. If that is the case, there is something wrong with the way the case is being handled and resolved.

every lawyer is different, but there are some basic rules that should always be followed.

if you have any particular questions, please do not hesitate to contact me.

Ken Levine
BRL77@world.std.com
617-566-2700

Hi Ken,

I was wondering, how long is too long when it comes to waiting for a trial date or settle out of court? 4 years? 5 years? 6 years? It will be 5 years for me in July of 2003 and I am afraid the "guest" poster might be right about their attorney walking away with more than their child.

Thanks for your help.

When we settled the attorneys cut the fees down to 25% because my son is a minor. I was surprised by this but happy about it, too.

I heard from a friend of mine that probate court judges sometimes cut down fees and expenses, too. It all depends on the judge of course.

I am not Ken, however, we have waited 4 1/2 years to settle out of court. We will settle the end of this month. We chose to settle out of court so that the attorney doesnt' walk away with more than my son....

It actually depends on where you live. I live in Pennsylvania and the Judge determines the percentage the lawyer gets from the childs settlement. If you are suing for yourself, it is whatever the laywer and you agree upon.

frigger1969
Where in PA are you?

Cindy