What are the attorneys fees in Federal Tort Claims Act cases?
Hi, I'm Paul McConnell, a veteran and trial attorney with The Doctor Lawyer Team.
Now, in most state jurisdictions, you've probably heard that there's no attorneys fees unless there's a recovery. And under the Federal Tort Claims Act, that same premise applies. In a lot of state cases, fees are typically 33 and one-third percent, or even in some cases 40%. And that is the attorney’s fee — a third, or in some cases 40% of whatever recovery is.
It's different under the Federal Tort Claims Act. Under the Federal Tort Claims Act, there's an administrative process that has to be exhausted. And if a case is settled during that administrative process, then the attorneys fees are statutorily capped at 20%. In some cases, after the administrative process has been resolved or exhausted, we file a lawsuit in federal district court. Then, if there's a settlement or a judgment, the attorneys fees are statutorily capped at 25%. And again, there's no attorney fees unless there's a recovery or settlement.
