Do Minors Pay a Lower Attorney Fee in Washington?

By the FigureMyTax Editorial Team · How we calculate

We found no Washington statute that caps injury contingency fees or sets a lower rate for a child. The court approves the settlement and the fees, bills and expenses that come out before the blocked-account threshold is applied.

What we looked for

We searched the Washington provisions on minors' settlements (SPR 98.16W), liens and limitation periods and found no percentage cap on a contingency fee and no separate fee rule for a minor. We did not read the Rules of Professional Conduct, so we cannot say what they require.

Court review

The rule measures the $50,000 line after deduction of all approved fees, bills and expenses, so the court approves the fees. The settlement guardian ad litem's fee is also subject to court approval.

A worked example

On a $60,000 settlement with a one-third fee ($20,000), $2,500 in costs and $8,000 in medical bills and liens, the child's net is $29,500, under $50,000. At 25 percent the fee is $15,000 and the net $34,500. The Washington minor's settlement calculator lets you change the fee. The figures are your inputs, not court-set amounts.

Other amounts that come out

Costs, medical bills and any guardian ad litem fee reduce the child's share. Provider liens cannot exceed 25 percent of the settlement in total; see what claims can take from a settlement.

Ask before you sign

Ask for the fee agreement in writing and what the petition will say. Then read how the child's money is held.

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