Do Minors Pay a Lower Attorney Fee in Delaware?

By the FigureMyTax Editorial Team · How we calculate

We found no Delaware statute that caps injury contingency fees or sets a lower rate for a child. The fee comes from your signed agreement, and the court approves the settlement and its net distribution.

What we looked for

We searched the Delaware Code provisions on minors' settlements, guardians and liens and found no percentage cap on a contingency fee and no separate fee rule for a minor. Sections 3926 and 3901(k) require court approval of the settlement and direct what happens to the net funds.

The court's role

The court approves the settlement and the placement of the net settlement funds. Superior Court Civil Rule 133 and the court's forms govern the petition, and we could not read the current form text or rule, so ask your lawyer what fee and expense information the petition must include and whether the court reviews the fee.

A worked example

On a $60,000 settlement with a one-third fee ($20,000), $2,500 in costs and $8,000 of medical bills and liens, the child's net is $29,500. At 25% the fee is $15,000 and the net $34,500. Move the fee in the Delaware minor's settlement calculator to see the effect.

Other amounts that come out

Costs, medical bills and liens also reduce the child's share. See what a lien can take from a settlement.

Ask before you sign

Ask for the fee agreement in writing, whether the percentage is calculated before or after costs, and what the court will be told. Then read where the remaining money can go.

This is general information, not legal advice, and the state comparisons above are illustrative, not an exhaustive survey. Confirm how Delaware's rules apply to your specific case with a licensed Delaware attorney.