What is the test for determining an attorneys' fee in a personal injury case?

California, United States of America


The following excerpt is from Niederer v. Ferreira, 189 Cal.App.3d 1485, 234 Cal.Rptr. 779 (Cal. App. 1987):

The major factors the trial court must consider in determining an attorneys' fee award include: the nature of the litigation and its difficulty; the amount of money involved in the litigation; the skill required and employed in handling the litigation; the attention given to the case; the attorney's success, learning, age and experience in the particular type of work demanded; the intricacy and importance of the litigation; the labor and necessity for skilled legal training and ability in trying the case; and the amount of time spent on the case. (In re Marriage of Cueva (1978) 86 Cal.App.3d 290, 296, 149 Cal.Rptr. 918; Nevin v. Salk (1975) 45 Cal.App.3d 331, 343, 119 Cal.Rptr. 370.) When apprised of the pertinent facts, the trial court may rely on its own experience and knowledge in determining the reasonable value of the attorney's services. (In re Marriage of

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