Tuesday, December 1, 2009

Personal Injury fee arrangements

The cornerstone of any attorney / client relationship is a clear and precise understanding of the services the lawyer makes available and how it will be paid. To the confusion to avoid a detailed written agreement, should be used. In personal injury cases, the fee agreement is to identify the specific incident (such as automobile collisions, construction site collapsed, medical procedures performed examined) and the manner of payment. In almost all cases, personal injurythe lawyer will be paid a "success fee" which is produced by a certain percentage of the recovery on behalf of the customer. If no goods shall be payable no attorney s' fees.

In metro Atlanta, contingency fees for an automobile collision case, are usually in the 1 / 3 to 40% range. Many lawyers offer a tiered fee, charges a higher percentage if the case can not be resolved prior to the initiation of legal proceedings or if a process is necessary. Some types ofPersonal injury matters, such as medical malpractice and product liability cases, greater complexity and specialists in these areas can be a higher contingency fees of 40% to 45% is required.

The fee agreement should specify, are treated as expenses. The expenses are usually in addition to the contingency fee and can be quite expensive, even in relatively simple cases. In pursuit of a personal injury case, your lawyer will buy your medical records and reports from the police andYou may have to for advice, to pay your doctors, engineers, economists and other experts. If litigation is necessary, costs incurred for court filing fees, medical (doctors, many deposits are $ 1,000.00 per hour for their evidence collection!), Camera crews and reporters court. Depending on the complexity of the case, these expenses in the range of a few hundred dollars to well over $ 50,000.00.

If a case has merits, a lawyer probably beforethese costs for you, but expect that these costs be recovered from your share of the settlement or recovery court. It will therefore pay a contingency fee plus reimbursement of attorney's fees. Take, for example, a relatively simple contested automobile collision case with a $ 45,000.00 recovery. They have submitted an agreed fee of 1 / 3 of all amounts recovered prior to their application, plus reimbursement of attorney's fees.The lawyer spent $ 500.00 in securing your hospital records and a detailed report from your doctor orthopedics. Your lawyer will receive a fee of $ 15,000.00 and reimbursement of $ 500.00, enter a net recovery of $ 29,500.00.

Do you think that all the statutory hospital and medical liens for unpaid medical expenses, or a group health insurance or Medicare / Medicaid reimbursement / subrogation claims will be paid from the $ 29,500.00 portion of the settlement. YourLawyer should discuss the legal validity of such liens, and try to reduce this to liens. The law of subrogation and reimbursement liens is quite complex and is still evolving. Your fee agreement should specify the decision of the liens, is one of the services will allow your attorney.

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