What is the legal test for awarding attorney's fees in a personal injury action?

MultiRegion, United States of America

The following excerpt is from In re Markus, 619 B.R. 552 (Bankr. S.D.N.Y. 2020):

If the claims are related and not severable, the court must focus on the level of success achieved by the plaintiff. Id. If a plaintiff has achieved only partial or limited success, awarding the full amount of fees may be excessive, even if the claims were "related, not frivolous, and raised in good faith." Id. at 436, 103 S.Ct. 1933. In contrast, a plaintiff who has won substantial relief should not have his attorney's fee reduced simply because the district court did not adopt each contention raised. Id. at 439, 103 S.Ct. 1933. To determine the prevailing party's degree of success, a court must consider the quantity and quality of relief obtained as compared to what the plaintiff sought to achieve, as evidenced by their complaint. Carroll v. Blinken , 105 F.3d 79, 81 (2d Cir. 1997).

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