How the Court Sets the Attorney Fee in a West Virginia Child's Case

By the FigureMyTax Editorial Team · How we calculate

We found no West Virginia percentage cap on injury contingency fees. In a child's settlement, the court allows attorney fees and costs in reasonable amounts after weighing the damages, the child's age and needs, the nature of the injury, the difficulty of the settlement and fees in similar cases.

The factors

W. Va. Code 44-10-14(g)(1) says that in allowing the payment of settlement proceeds for attorney fees, legal expenses, court costs and other costs of securing the settlement in reasonable amounts, the court shall consider the amount to be paid as damages, the age and necessities of the minor, the nature of the injury, the difficulties involved in effecting the settlement, legal expenses and fees paid to attorneys in similar cases, and any other matters it considers.

What we looked for

We searched the West Virginia provisions on minors' settlements, liens and limitation periods and found no percentage cap on a contingency fee and no separate fixed rate for a minor. We did not read the Rules of Professional Conduct, so we cannot say what they require.

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, over $25,000. At 25 percent the fee is $15,000 and the net $34,500. The West Virginia 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. West Virginia has no hospital lien statute we found; 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 West Virginia's rules apply to your specific case with a licensed West Virginia attorney.