PJC General Negligence 2024

PJC 27.1

W ORKERS ’ C OMPENSATION —A TTORNEY ’ S F EES

ant’s attorney’s fees to a jury, which will consider the factors contained in Tex. Lab. Code §408.221(d). If the claimant prevails only on some issues, after the verdict is announced the court will apportion the fees according to the factors in subsection (d) and will award reasonable and necessary attorney’s fees to the claimant’s attorney only for those issues on which the claimant prevails. Crump , 330 S.W.3d at 231 . If the claimant totally prevails, the verdict as to the amount for which the carrier is liable is then subject only to the court’s approval based on the factors in subsection (d). Crump , 330 S.W.3d at 231 . Regardless of whether the claimant partially or totally prevails, the jury’s verdict as to the fee amount “must be approved by the . . . court.” Crump , 330 S.W.3d at 232 (citing Tex. Lab. Code §408.221(a)) . When a claimant pays his attor ney’s fees out of his benefits recovery, the amount approved by the court is solely within its discretion based on the attorney’s time and expenses according to written evidence presented to the court and according to subsection (d)’s factors. Crump , 330 S.W.3d at 232 . Factors to consider. Tex. Lab. Code §408.221(d) states that in approving an attorney’s fee seven factors should be considered. In an appropriate case, the following instruction may be used, but only the factors that are relevant in the particular case should be included: Factors to consider in determining a reasonable fee include— 1. the time and labor required; 2. the novelty and difficulty of the questions involved; 3. the skill required to perform the legal services properly; 4. the fee customarily charged in the locality for similar legal services; 5. the amount involved in the controversy; 6. the benefits to the claimant that the attorney is responsible for securing; and 7. the experience and ability of the attorney performing the services. Stages of representation. Depending on the evidence in a particular case, the court may submit a different number of elements and change the descriptions of the stages of representation. Conditional appellate fees. Any prospective award of appellate attorney’s fees may be conditionally determined by the trial court. Old Republic Insurance Co. v. Warren , 33 S.W.3d 428, 435 (Tex. App.—Fort Worth 2000, pet. denied).

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