Frequently Asked Questions For Personal Injury Cases
Hiring a lawyer/paying a lawyer/making a recovery
How much do I have to pay to retain you?
Nothing. We don’t charge our clients anything. Attorneys fees are made from the proceeds of the case. If we don’t recover anything, we don’t get paid. This is called a contingency fee. Our fees are contingent upon making a recovery on your case.
What does total amount of the recovery mean?
This means that if your case settles before we file a law suit for $100,000.00, the attorney fees are $33,333.33. If your case settles for $100,000.00, or if a jury awards $100,000.00 on your case, the attorney’s fees would be $40,000.00
What about my medical bills?
Our goal is always to take care of all the medical bills. Often, we are required to pay back health insurers, hospitals and other providers out of the recovery. This can be due to your contractual obligation to your insurer, various laws put in to place to protect emergency medical providers and Medicare, and/or an agreement to pay back medical providers who provide treatment.
What about expenses?
We will spend money on your case. From collecting medical bills and records before suit (and during), to filing fees, process servers, deposition costs and expert fees. None of this cost you anything. We reimburse that from the recovery in your case after the attorney’s fees are deducted. If we make no recovery, you don’t owe us anything. Using the example of a $100,000 settlement with $10,000 in medical expenses and $2,000 in attorney expenses, funds are typically disbursed as follows:
- Total: $100,000
- Less Attorney Fees ( 33,333)
- Less Hospital Bill ( 10,000)
- Less Attorney expenses ( 2,000)
- Net to Client $ 54,667(EXAMPLE ONLY)
What if we go to trial and the jury doesn’t give us enough to pay everyone?
Fortunately, that doesn’t happen often. We work hard on our trials and put on the best case we can. But if it does, we will work with all the medical providers to try and reduce the amounts they are owed to try and reach an equitable recovery for everyone. Sometimes a jury may only award medical bills or less. Jury trials have an inherent risk to them as they are unpredictable. That is why we do our best to present you with your best-case guaranteed scenario through settlement before taking that risk. If we are awarded nothing, your attorneys don’t receive any fee’s nor do they get reimbursed for their expenses. We don’t want that any more than you do! If there was an error at trial, we can also investigate appealing your case to a higher court.
How much do you charge?
Our contingency fee is a percentage of the overall recovery. Our standard agreement is for 1/3rd (33.33%) of the total amount of the settlement if we resolve the case before filing suit and 40% after filing suit.
Why do the attorney fees go up after filing suit?
Simply put, we spend more time and effort working on your case once a lawsuit is filed. This can include drafting pleadings (the law suit), conducting discovery, deposition, mediation, working on any potential motions that come up during the case, and preparing for and conducting the trial.
Are your attorney fees taken out before or after the medical bills are paid?
Before. The fees are based on the total amount recovered, not the total amount recovered after paying the medical bills.
What if my medical bills and your attorney fees and expenses leave nothing left of the recovery?
If we are recommending that you settle a case, we won’t recommend you settle if this is going to happen. Also, we can’t settle your case without your permission, so if we tried to convince you to settle for no benefit to you, tell us no!