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Atlanta Truck Accident Attorneys
  • Alex

Georgia Statute of Limitations for Truck Accidents
Georgia Statute of Limitations for Truck Accidents 801 578 Alex

Like car accidents, truck accidents can result in serious damages and injuries. After suffering severe injuries, an injured person may file a lawsuit against the at fault driver. While an injured person can file a personal injury claim, there is a time restriction to do so. 

What Is a Statute of Limitations?

A statute of limitations is a law that sets forth the amount of time you will have to file a lawsuit. The statute of limitations can vary by state and depends on the type of claim. 

The statute of limitations for personal injuries in truck accidents in Georgia is generally two years from the time of the accident. This time clock begins to run on the date of the accident. If an injured person fails to file an injury claim within this timeframe, then they almost certainly will not be able to recover damages. 

Sometimes the statute of limitation can be lengthened or shortened substantially. For example, in Georgia, a claim against a city government arising out of a truck accident must be reported to the government within 6 months.

Failure to do so will bar the claim. A statute of limitations may be extended if, for example, the injured person has a mental disability that prohibits him from filing the claim.

Injuries Caused by Trucking Accidents

Truck accident injuries can be more serious than regular car accident injuries since trucks are bigger, heavier, and (generally speaking) more dangerous than automobiles. Injuries resulting from truck accidents can vary, depending on the severity of the accident. Common injuries include:

  • Broken bones;
  • Back and neck injuries;
  • Head injuries;
  • Spinal cord injuries and paralysis;
  • Internal injuries; and
  • Cuts, scrapes, and lacerations.

In the most severe cases, truck accidents may also be fatal. 

Truck Accident Injury Compensation

A personal injury claim after a truck accident may compensate the injured person for theirinjuries. Compensation may be recovered for:

  • Medical treatment,
  • Medical expenses,
  • Rehabilitation,
  • Lost wages, and
  • Long-term disability.

If the truck accident resulted in a death, wrongful death damages might also be available. 

Common Causes of Truck Accidents

Truck accidents can happen for many different reasons. Some of the causes include:

  • Distracted driving,
  • Driving under the influence,
  • Speeding,
  • Lack of proper training,
  • Brake issues, and
  • Inadequate truck maintenance.

Truck accidents may result from the truck driver’s negligence. They may also result from the other vehicle’s negligence. The facts and circumstances of the crash must be investigated thoroughly to determine who is at fault.

Filing a Claim

If you have been involved in a tractor trailer accident, it is imperative to file a claim with your insurance company right away. Most insurance companies require that you report your accident immediately, or as soon as possible. 

Note that filing a claim with your insurance company and filing a lawsuit is not the same thing. Statutes of limitations are imposed on lawsuits, not insurance claims. Getting your insurance claim going as soon as possible is essential. This allows you to start negotiating a settlement while leaving time to file your lawsuit should the need arise. 

Contacting a Georgia Truck Accident Attorney

Truck accidents and car accidents are very different. While in some cases you may be able to resolve a car accident claim on your own, truck accident claims are much more complicated. It is wise to consult a Georgia truck accident attorney as soon as possible. An experienced attorney will review your case and advise you of legal options that can help you get just compensation. 

We pride ourselves in offering our clients the highest quality service while advocating for their rights. Contact us today, and let’s see how we can help you.

how long does it take for whiplash symptoms to appear
  • Alex

How Long Does It Take for Whiplash Symptoms to Appear?
How Long Does It Take for Whiplash Symptoms to Appear? 650 434 Alex

Whiplash may occur when your head is quickly and forcefully moved forward and backward. Whiplash often happens during vehicle accidents when you are rear-ended.

Most of the time, whiplash symptoms appear immediately or shortly after an accident. In some cases, the symptoms may appear days after the accident. It is important to seek medical treatment after being in a vehicle accident because injuries, like whiplash, may have a delayed onset.

If you’ve been involved in a vehicle accident with whiplash, you should contact a skilled Atlanta accident attorney today.

What Is Whiplash?

Whiplash is a forceful, rapid, back-and-forth movement of the neck.

It is similar to the movement involved with casting a fishing rod.

Whiplash may take time to set in. Some of the symptoms of whiplash can include:

  • Neck pain and stiffness;
  • Loss of the range of motion in your neck;
  • Worsening pain when moving your neck;
  • Pain in your shoulder, upper back, or arms;
  • Headaches;
  • Fatigue;
  • Dizziness; and,
  • Blurred vision.

Whiplash can injure bones in your spine, nerves and tissues in your neck, discs between your spinal bones, muscles, and ligaments. If a person feels any of the symptoms of whiplash resulting from a vehicle accident, it is important that they seek immediate medical attention. If the whiplash was due to the other driver’s negligence, the injured person should contact a reputable Atlanta whiplash attorney.

What Complications Can Result from Whiplash?

Depending on the severity of a whiplash injury, symptoms can disappear within a few weeks or could last for months or years. The vast majority of whiplash cases, thankfully, resolve within a few days or weeks. There are rare times when a person has long-term, chronic pain from whiplash. Additionally, long-term pain is more likely to result if you have the following symptoms:

  • Severe neck pain,
  • Pain that spreads to your arms, and
  • A substantially limited range of motion in your neck.

Furthermore, factors that may worsen complications from whiplash include:

  • A prior whiplash injury,
  • Pre-existing neck or lower-back pain,
  • Degenerative or congenital conditions, and
  • Older age,
  • An accident with a severe impact, and
  • An accident that occurred at high speeds.

To find out if compensation is possible for complications from whiplash, speak with an Atlanta accident lawyer today.

Why Do You Need an Atlanta Accident Attorney?

If you’ve been in a car accident in Georgia that resulted in whiplash, you will need an accident attorney to help you. If you are the injured person, because whiplash is not necessarily visible to the human eye, you’ll need to rely on statements from your doctor and your medical records. An experienced accident attorney will point to concrete statements in your records to show the seriousness of your whiplash injury and the effect it has had on your life.

If you are the at fault driver, whiplash can be a serious injury, and you will need an experienced attorney to guide you.

How Can Our Atlanta Accident Attorneys at Weatherby Law Firm, P.C. Help You?

Our Atlanta accident attorneys at Weatherby Law Firm, P.C. are accomplished, accessible, and well-respected in the Atlanta area. We want to help you prove your case for compensation for whiplash from a car accident.

Unlike many law firms, we both prosecute and defend cases. As a result, we provide our clients with insight, credibility, and perspective that they can’t find at other firms. We’ll focus on your strongest arguments and strive to resolve your case as quickly as possible.

Contact us today to schedule your consultation.

High-Rise Atlanta Skyline with beautiful colors at dusk
  • Alex

What Is the Georgia Statute of Limitations for Car Accidents?
What Is the Georgia Statute of Limitations for Car Accidents? 962 529 Alex

Car accidents are extremely common, occurring every day.

If you were involved in a car accident, it may result in a claim for property damage or personal injuries. It is essential to keep in mind that there is a time constraint to filing these types of claims.

What Is a Statute of Limitations?

A statute of limitations is a law that sets forth a maximum amount of time for parties to file a lawsuit. This time allowance varies depending on the state and type of claim. Once this time clock has run, there is little an attorney can do, and an injured person is unlikely to recover for damages and injuries.

In Georgia, the car accident statute of limitations depends on the type of claim. There are separate time restrictions for property damage and personal injuries.

Property Damage Statute of Limitations

If a vehicle was damaged and needs repairs, or if it was a total loss, a person may file a property damage claim. The statute of limitations in Georgia for property damage is, generally, four years from the date of the accident. 

You may be unable to recover for damages if you do not file your property damage claim within the four-year timeframe. There are also important facts that can extend or limit the statute of limitations. For example, a claim against a Government Agency likely has a shorter window and a claim by a minor likely has a longer window.

Personal Injury Statute of Limitations

If a person sustained injuries in a car accident, they can file a personal injury claim. For personal injury claims, an injured person generally has two years from the date of the accident to file their claim. If they fail to do so, then they may be unable to recover for your injuries. 

There may be exceptions to Georgia’s two-year statute of limitations for personal injury. If the party injured was a minor, the statute of limitations will not begin to run until they reach the age of majority. 

Because some injuries are not evident at the time of the accident, Georgia also has the “Discovery Rule.” This rule means that the statute of limitations will not begin to run until the injury is or should have reasonably been discovered. 

As detailed above, there are also factors that can significantly shorten the statute of limitations, so it is important to speak with a knowledgeable personal injury attorney as soon as possible after your accident.

Filing a Claim

The first and most important detail to keep in mind is that filing a claim with the insurance company and filing a lawsuit are two completely different things.

A person in a car accident must file a claim with their insurance company after a car accident. Most insurance companies require that you do so immediately, or as soon as you possibly can. Contact your insurance company to file your claim, even if the other driver is at fault.

Insurance companies may try to settle the claim. If the claim is not resolved, then a person needs to file a lawsuit to recover.

It is crucial to begin the claim with the insurance company as soon as possible. This will allow enough time to possibly settle or, if settlement fails, to file a lawsuit. 

Contacting a Georgia Accident Attorney

You should contact a Georgia accident attorney as soon as possible after your car accident. An experienced attorney can review the details of your case and advise you about your legal options.

Weatherby Law Firm, P.C. is a recognized and respected law firm based in Atlanta, Georgia. We are committed to providing high-quality legal representation for clients facing serious injuries. Contact us today and let us see how we can help you. 

Commercial Truck Accidents GA
  • Alex

Commercial Trucking Laws in Georgia
Commercial Trucking Laws in Georgia 475 315 Alex

Commercial vehicles are subject to both federal and state regulations regarding interstate and intrastate trucking. This can make Georgia trucking accident cases difficult to navigate on your own.

If you have been in a commercial trucking accident with injuries in Georgia, contact the truck accident lawyers at Weatherby Law Firm, P.C. today. More than 50% of our practice is dedicated to truck accident cases.

We have crucial knowledge and experience in this area of law, and we are prepared to help you understand and handle your case.

What Constitutes a Commercial Motor Vehicle (CMV)?

In general, vehicles with a gross vehicle weight rating (GVWR) of 10,001 lbs. or more that are used as part of a business will be considered commercial motor vehicles subject to certain safety regulations. While most people regularly think of commercial vehicles as large semi-trucks, these are not the only vehicles subject to commercial vehicle regulations. These regulations may also apply to:

  • Single vehicles (trucks and vans);
  • Passenger vehicles carrying, or equipped to carry, more than 15 passengers;
  • Combinations of vehicles, such as a truck pulling a trailer or other equipment; and
  • Vehicles carrying hazardous materials regardless of GVWR.

Understanding what constitutes a CMV is essential in determining whether and what regulations apply.

Key Commercial Trucking Laws and Regulations

The Federal Motor Carrier Safety Administration (FMCSA) governs interstate trucking operations. FMCSA regulations are set forth in Title 49 of the Code of Federal Regulations (C.F.R.), Parts 300-399. While these regulations are extensive, there are certain requirements that come into play more often than others that are important to be aware of.

Licensing

Pursuant to 49 C.F.R. § 383.23, a CMV driver must first obtain a Commercial Driver’s License (CDL) before operating a commercial vehicle. In Georgia, the requirements to obtain a CDL include the following: 

  • Vision exam,
  • Written exam, 
  • Road skills test,
  • Medical certification, and 
  • At least 18 years of age.

Complying with the CDL requirement is important for anyone operating a commercial vehicle.

Operating Hours

A cause of some trucking accidents is driver fatigue. In an attempt to limit potential driver fatigue for commercial truck drivers, the FMCSA has put in place hours of service requirements. 

49 C.F.R. § 395 regulates hours of service for CMV drivers. For example, generally, drivers of a property-carrying vehicle may not drive a vehicle without first taking 10 consecutive hours off duty. Further, generally, a driver may drive no more than 14 consecutive hours following the 10 consecutive hours off duty. The FMCSA also calls for periodic rest breaks under certain circumstances. 

Inspection, Repair, and Maintenance

Commercial vehicles, like all vehicles must be inspected, repaired, and maintained. The FMCSA regulations contain some requirements to ensure commercial vehicles are inspected and maintained.

For example, generally, commercial drivers are required daily written inspection reports on the vehicle. According to the regulation, these reports must include the following: 

  • Service brakes including trailer brake connections;
  • Parking brake;
  • Steering mechanism;
  • Lighting devices and reflectors;
  • Tires; 
  • Horn;
  • Windshield wipers;
  • Rear vision mirrors;
  • Coupling devices;
  • Wheels and rims; and 
  • Emergency equipment.

Drug and Alcohol Testing

Under the FMCSA, drivers are also subject to standards with respect to drugs and alcohol. 49 C.F.R. §§ 382.201-207 states that drivers may not report for duty with a blood alcohol concentration (BAC) greater than 0.04, use alcohol while on duty, or perform safety-sensitive functions within four hours after using alcohol. 

With respect to drugs, drivers may not use controlled substances before, during, or after duty. Additionally, the FMCSA may require drug tests on drivers. These tests are generally administered under the following circumstances: 

  • Prior to employment;
  • After certain accidents; and 
  • At random intervals.

There are exceptions to every rule of course. You can read more about drug testing commercial drivers here.

How Violations May Contribute to an Accident

Whenever there is a truck accident, the applicability of the FMCSR will be important. If there is credible allegations of driver fatigue, drug or alcohol use, or equipment issues, the regulations discussed above may be in play. It is impossible to know how these regulations will affect your case, without an experienced Georgia truck accident attorney reviewing your case and the regulations in detail.

If you have sustained injuries in an accident with a tractor trailer, you need to contact a truck accident attorney. Likewise, if you are a truck driver and have been in an accident with injuries, you need to contact an experienced truck wreck attorney.

Contact Us Today

At Weatherby Law Firm, P.C., we are experienced and accomplished truck accident lawyers. We have handled hundreds of truck accident cases in Georgia, and we are prepared to do the same for you.

We have recovered millions of dollars for injured victims, and we have also helped defend trucking companies and drivers. Regardless of your involvement in the accident, we know how to approach your case to get you the best result we can. Contact us today for your case evaluation and see how we can help you. 

Punitive Damages Georgia
  • Alex

Punitive Damages in Georgia After a Truck Accident
Punitive Damages in Georgia After a Truck Accident 1227 936 Alex

When a person has been injured in a truck accident due to someone else’s negligence, they may have the right to recover compensation for their damages.

The most common recoverable damages include medical expenses, loss of earnings, vehicle repairs, and pain and suffering.

In some limited circumstances, the injured person may be entitled to punitive damages in Georgia.

It is important to note that punitive damages, however, are not recoverable in the vast majority of cases.

Courts award punitive damages only in extraordinary circumstances.

A punitive damages award is not focused on compensation for the injured party.

It is, instead, intended to punish the at-fault party.

This award is reserved for when a defendant acts egregiously, such as when they are under the influence of alcohol or drugs at the time of the accident.

Merely violating a rule of the road, like following too closely, can be the basis for recovering common damages like medical expenses and pain and suffering. It is not the basis for recovering punity damages.

An Atlanta truck accident attorney can help you determine whether your case may result in a punitive damages award.

Does My Georgia Truck Accident Qualify for Punitive Damages?

Georgia law says that punitive damages may be awarded when “clear and convincing evidence” shows that the at-fault party acted with:

  • Willful misconduct,
  • Malice, 
  • Wantonness, or
  • The entire want of care which shows conscience indifference to the circumstances.

Understandably, distracted drivers are frustrating. However, when a truck driver causes an accident through negligence or carelessness, that will not be sufficient to justify punitive damages. Instead, the case will focus on the injuries and damages that the injured person suffered.

Punitive damages are reserved for accidents that involve intentional and/or egregious behavior. Drunk driving is one of the most common reasons punitive damages are awarded after a Georgia truck accident.

Possible Legal Issues in a Georgia Truck Accident

Some attorneys include punitive damages claims in Georgia Truck Accident cases that have no facts to support it. This is not a good use of resources for the client. An unnecessary punitive damages claim will likely increase the expenses of litigation and the time it takes to resolve the case. Most punitive claims will require additional discovery through depositions (sworn statements) which are time consuming and expensive. In addition, there will likely be additional legal proceedings before the Court that increases the time to take the case.

If the punitive damages claim has no real chance of success, it serves only to waste time and money. Punitive damages should only be alleged when there is a real basis for it.

In a Georgia truck accident, this will usually be because (a) the driver was operating under the influence of alcohol or drugs, or (b) there is evidence that the driver acted intentionally.  While there are a lot of rules that regulate truck drivers, called the Federal Motor Carrier Safety Regulations, a violation of one of these rules is generally insufficient to support a claim of punitive damages. We know all the federal trucking rules, and we can let you know how they will impact your case.

When to Contact an Atlanta Truck Accident Attorney

Accidents involving large commercial trucks are complex. They typically include serious injuries as passenger vehicles are much smaller and lighter. An injured person could be facing significant medical expenses and months away from work as they struggle to recover.

At Weatherby Law Firm, P.C., we understand how stressful Atlanta truck accidents are. We are here to help you with your claim and ensure your rights are protected. We have an experienced legal team that can make life better for you.

We also know what types of cases have the best potential for a punitive damages award. Don’t attempt to represent yourself in a Georgia truck accident. Contact Weatherby Law Firm, P.C. today to schedule an initial consultation. We will work to build the most persuasive case possible and help you fight for the best settlement possible.

Car Accident Concussion
  • Alex

Average Settlement for Concussion from an Atlanta Car Accident
Average Settlement for Concussion from an Atlanta Car Accident 600 398 Alex

Suffering a concussion in a car accident can be a scary and stressful experience. If the car accident was caused by someone else’s negligence, you might have a claim for damages.

If you caused the car accident, you may be facing an injury claim.

Understandably, you may be wondering what the claim is worth. Unfortunately, there is no average settlement for concussion car accidents.

A concussion car accident settlement will be different in each case, as every accident is unique.

The circumstances surrounding collisions differ; these factors directly influence your case value.

The stronger the case you have, the better your chance is for a higher settlement. This is one reason why hiring an Atlanta concussion car accident attorney is so important.

Proving Negligence in a Georgia Car Accident

Proving the other party was at fault is the first hurdle an injured person needs to overcome to pursue a concussion car accident claim. Determining negligence can be accomplished by an independent investigation.

You need to collect all the necessary evidence that supports your position that the other party was at fault or that you were not at fault.

When you retain a skilled Atlanta car accident attorney, they will conduct a thorough independent investigation. This investigation may include getting a copy of the police report, talking to witnesses, taking scene photos, and more.

In some cases, it might be necessary to hire experts, like an accident re-constructionist, to help determine liability.

Common Symptoms in a Concussion Car Accident

The symptoms of a concussion can range from mild to severe. Attorneys and doctors may use these symptoms to help assess the seriousness of head injury. Some minor mild concussion symptoms include:

  • Slight loss of consciousness,
  • Dizziness,
  • Headache,
  • Difficulty sleeping,
  • Fatigue,
  • Sensitivity to light, and/or
  • Nausea or vomiting.

Some of the more severe symptoms are:

  • A more extended period of unconsciousness,
  • Clear fluids draining from ears and nose,
  • Slurred speech,
  • Convulsions,
  • Serious confusion,
  • Multiple vomiting episodes,
  • One or both pupils dilated, and/or
  • Coma.

The more serious the symptoms are, the more severe the brain injury may be. It’s imperative to seek treatment right away if you suspect you sustained a concussion in a car accident.

Factors That Can Affect Your Georgia Concussion Car Accident Settlement Value

A variety of factors may be considered when determining a value for a concussion. The severity of the concussion and related symptoms will have one of the most significant impacts. The amount of time the person spends in treatment and rehabilitation costs may also be factored in.

If the concussion is severe enough that it causes a partial disability, the disability level may be considered.

Generally speaking, someone who was left completely disabled will have more damages than someone who suffered only a mild concussion. However, the amount of damages does not necessarily mean a greater recovery.

Things like (a) who is at fault, (b) prior injuries, and (c) the reasonableness of the treatment involved are all factors.

The overall settlement value may also include other factors like loss of earnings, future medical treatment, loss of earning capacity, pain, and suffering, and more.

These damages can vary widely between car accident cases, which is why determining an average concussion car accident settlement value is impossible.

When Should I Hire an Atlanta Car Accident Attorney?

It’s best to hire an Atlanta car accident attorney in the early stages of the claim. The sooner you retain an attorney, the better. Concussion injuries can be complex and complicated to resolve. You need an experienced attorney on your side who can help build your case. If you have been in a car accident with a concussion, contact Weatherby Law Firm, P.C. today. Let us evaluate your case and explain how we can help.

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what happens to the expenses in my case after settlement
  • Alex

What happens to the expenses in my case after settlement?
What happens to the expenses in my case after settlement? 750 500 Alex

Litigation is time-consuming and expensive. There’s no way to sugar coat it. Medical records, depositions, and court costs add up quickly. For a personal injury case, the expenses will likely be in the thousands of dollars. 

Most folks understandably don’t want to pay for litigation expenses on top of everything else. In a truck accident, brain injury, burn injury, pedestrian accident, or other types of contingency litigation, lawyers are able to pay for the expenses upfront, but they are required to be reimbursed for those expenses with the proceeds from the settlement.

The Georgia Rules of Professional Conduct express rules on what a lawyer can and cannot do ethically. 

Rule 1.8 states as follows: “A lawyer shall not provide financial assistance to a client in connection with pending or contemplated litigation, except that: a lawyer may advance court costs and expenses of litigation, the repayment of which may be contingent on the outcome of the matter….” In some circumstances, such as when the client cannot pay for expenses and there is no pool of money (like a settlement) to reimburse the lawyer, the lawyer is permitted to pay for litigation expenses.

The rule has practical roots. Litigation is expensive, and a lawyer and a client are best served by being equally invested in the litigation expenses. A lawyer is invested in not over-expending on a case that may result in no recovery.

A client is likewise invested in keeping expenses low as they will be taken out of the settlement in the end.

Throughout the litigation, we keep our clients informed about expenses.

We discuss the real-life implication that taking a deposition, hiring an expert, or purchasing demonstrative evidence has on the case and the recovery.

Some expenses are necessary and important to maximize the value of the case. Others may not be worth the expense.

We keep our clients informed, so they know what to expect and why we make the decisions we make.

Typically, at the end of a case, a lawyer will provide a settlement disbursement schedule to the client. This schedule will show the client the total settlement, the amount of itemized expenses, the amount of attorney’s fees, any other expenses (like liens), and the total to the client. Our settlement disbursement schedule typically looks like this:

SETTLEMENT DISBURSEMENT SCHEDULE

Settlement amount: …………………………………………………………     $XXXXXX

Less attorney fees: …………………………………………………………     ($XXXXXX)

Net settlement proceeds: ……………………………………………………     $XXXXXX

Less expenses (see below for breakdown) …………………………………  ($XXXXXX)

Less lien payment ……………………………………………………………    ($XXXXXX)

Payment to Client …………………………………………………………….    $XXXXXX

I understand and agree with the above-referenced breakdown.

This ____ day of ____, 20___.

______________________________

Client Signature

At the end of our case, we sit down with our clients and go through this schedule in detail. We want to make sure that the client understands where the settlement funds are going and why. 

  • Alex

Not Happy with my personal injury lawyer: Why am I speaking with a case manager?
Not Happy with my personal injury lawyer: Why am I speaking with a case manager? 1000 669 Alex

Many law firms are set up to service as large of a number of clients as possible with as little overhead as possible. Generally speaking, attorneys demand higher compensation than a case manager. Because of this, plaintiffs firms (like those that advertise) use case managers to chaperone the cases. This means that clients at these firms will speak with a case manager and paralegal rather than an attorney. Don’t feel too bad. They even do this to opposing counsel in lawsuits!

While there are certainly capable case managers out there, most clients want to speak to the lawyer that they hire. At Weatherby Law Firm, P.C., we take a limited number of cases so that we can provide personal service to our clients. When our clients call, they speak with us, their attorneys, not a case worker or paralegal. 

In order to provide this service, we focus on serious injuries only. We specialize in Atlanta truck accidents, bike accidents, brain injuries, spine injuries, amputations, and similar serious injuries. We have extensive experience in these areas. We have the resources necessary to litigate them. And, we value helping those who need it most.

If you want to speak with your attorney directly, ask them. If you can’t get ahold of them, consider changing to a smaller firm that focuses on personal service like us. At our firm, we specialize in truck wrecks, fatal accidents, wrongful death, bike accidents, catastrophic injury, and class actions.

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How Does an Atlanta Personal Injury Get paid
  • Alex

How does a personal injury lawyer get paid?
How does a personal injury lawyer get paid? 475 318 Alex

This depends on whether the lawyer is working for the plaintiff (the injured person) or the defendant (the person claimed to be at fault). 

Fees for a Plaintiff: When working for an injured person, the plaintiff’s attorney is generally paid on a contingent fee basis. A contingent fee means that the fee is “contingent” on the outcome of the litigation. If the litigation results in recovery, the attorney receives an agreed-upon percentage of the recovery. If the lawsuit results in no recovery, the attorney receives nothing. This is why you see a lot of advertisements that say “no fee unless you win” or the like. This means that the lawyer is receiving a percentage of the outcome of the lawsuit.

In general, percentages for personal injury cases vary between 1/3 to 1/2 of the recovery. The amount of the percentage depends on a number of factors. One of the key factors is the amount of work involved. A lot of lawyers increase their fees based on the stage of litigation. If the claim is settled pre-suit, for example, there will generally be a lower percentage than if it is settled after suit is filed. Other factors include the facts of the case, the likelihood of recovery, the expense involved, the risk involved and more. 

These percentages are at this level because there are significant risks for a plaintiff’s attorney. The attorney usually fronts the expenses for the case (which is typically in the many thousands of dollars). The attorney also usually works for a long time before receiving payment. If the case goes poorly, the attorney may lose significant resources in expenses and lost time. At the outset of your relationship, the attorney should explain to you the contingent fee contract and how it may affect your case.

Fees for a Defendant: When representing a Defendant, the fee is usually paid on an hourly basis. This means that the attorney will bill the Defendant hourly for the work incurred at an agreed-upon hourly rate.The various hourly rates are too many to list. It depends on the size of the firm, the size of the client, the amount of work estimated, the location of the lawyer/client/lawsuit, and the experience of the lawyer, among others. It will almost certainly be in the hundreds of dollars per hour. The lawyer will generally send bills to the client at an agreed-upon interval, every month or every few months. 

A defense attorney may require a retainer to begin work. A retainer is an amount of funds that the client advances toward the defense of the case. The lawyer, then, bills toward the retainer. When the retainer reaches a certain level, the lawyer may request that the retainer be replenished to continue work. The amount of the retainer varies significantly and depends on a number of factors, like those detailed above for hourly work.

There is a third type of defense arrangement, which is a fixed monthly rate. This is the least common arrangement and often used only by insurance companies or other businesses with significant, consistent litigation exposure. This is because the monthly fee only makes sense if litigation is consistent.There are a lot of different fee arrangements depending on the facts and circumstances of your case. Please contact us today for a free consultation on your legal issue.

  • Alex

What is Mediation?
What is Mediation? 1920 900 Alex

Mediation is a way to resolve disputes. In mediation, the parties in a dispute (like the injured person and defendant in a tractor trailer wreck case) agree to hire an independent, third-party to help them negotiate a resolution. This third-party is called a “mediator.”

You are likely familiar with mediation through watching the news. Countries at war sometimes use mediators from another neutral country to help them work out a deal. For example, Henry Kissinger, an American secretary of state, famously mediated the end of the Yom Kippur War between Israel, Egypt, and Syria.  He would “shuttle” proposals between the countries. In taking the proposals back and forth, he would aim to find a common ground and push each person closer to resolving the dispute.

The format of mediation typically includes: (a) opening statements, (b) separate rooms for caucusing, and (c), hopefully, the negotiation of a final document resolving the dispute. In opening statements, “The parties have the opportunity to describe the issues, discuss their interests, understandings, and feelings; provide each other with information and explore ideas for the resolution of the dispute.” The lawyers, clients, and mediator are typically in the room together for the opening session. The lawyer for each side and, perhaps, the clients will speak to the other side about the case and their positions.

Following opening statements, the mediation breaks into separate rooms. Each party has their own room. The mediator shuttles between the rooms taking various proposals. In a catastrophic injury case, the mediator will typically be bringing monetary proposals back and forth. The mediator may offer advice, an unbiased view of the parties’ positions, and push the parties to find common ground. 

If the mediation is successful, the mediator often helps the parties reduce their agreement to writing. The mediation agreement will generally include the basic terms of the resolution. Often this will include a payment, a release, resolution of lien issues, agreement to dismiss the case with prejudice, and other essential terms.

In many cases, the court will order the parties to mediate before presenting the case to trial. The parties also can choose to mediate on their own. To select a mediator, the parties often pass back and forth names to find a person with whom they are all comfortable.

In our practice, we have found mediation to be a very beneficial tool. It is good for the parties to get a chance to speak to one another directly. It is helpful to have a neutral third-party look at the case and offer advice. There is a magic that often happens at mediation, when the clients and lawyers agree to focus on the case for an entire day in an effort to resolve their dispute. 

Not every case that goes to mediation resolves, but every case that goes to mediation is helped. The parties will gain either a resolution or, at the very least, a better understanding of the other party’s position. 

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