Section 40 Attorneys Hired Before a Judgment or Settlement

• Library: Damages 2012

Although not an element of damages in a wrongful death action, the issue of attorney fees is addressed at the time of court approval of a settlement or distribution of a judgment. The fees that an attorney may collect for representing the prevailing plaintiff or plaintiffs in a wrongful death action are outlined in § 537.095.4(2), RSMo 2000, which provides:

4. The court shall order the claimant:

. . . .

(2) To deduct and pay the expenses of recovery and collection of the judgment and the attorneys’ fees as...