What is the test for awarding attorneys' fees in a personal injury action?

MultiRegion, United States of America

The following excerpt is from Terry v. City of Vancouver, 878 F.2d 387 (9th Cir. 1989):

We apply a two-part test to determine whether the district court abused its discretion. In awarding attorneys' fees, the courts must first calculate a lodestar amount by multiplying the number of hours reasonably expended on the litigation by a reasonable hourly rate. Id. at 433. Next, the court may increase or reduce the presumptively reasonable lodestar fee. Clark v. City of Los Angeles, 803 F.2d 987, 991 (9th Cir.1986).

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