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What happens to the expenses in my case after settlement?

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. 

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

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.

How does a personal injury lawyer get paid?

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.

What is Mediation?

What is a Complaint in a Personal Injury Lawsuit?

In a lawsuit, a “complaint” is the first document filed with the Court that says the type of relief a plaintiff is seeking. In a personal injury case (like a truck accident, bus accident, or spine injury case), the injured person prepares a document that says (a) what happened in the accident, (b) the injuries that occurred, (c) how the accident caused those injuries and (d) the name of the person or business that the injured person claims is responsible. A complaint can be just a few pages long or, in some complex cases, can be close to or in excess of 100 pages. A complaint is “filed” with the Court. Selecting a court can present its own unique challenge which we have written about previously. Once the proper court is selected, the plaintiff sends the document to the Clerk of Court, who is a person appointed by the court to manage the documents. Nowadays, this is typically done electronically through an electronic filing system. Once the document is submitted, the Clerk of Court will send back a copy of the document stamped “filed” to show that the Court has accepted it. After a document is filed with the Court, it must be served on the defendant. This means that a process server (in Georgia this is typically the County Sheriff) takes a copy of the Complaint and a summons to the Defendant. A summons demands the defendant file a response to the Complaint within a certain time period, generally 30 days. The plaintiff pays the process server a fee for providing this service. A complaint has to be drafted based on the specific facts related to the accident in question. And, it can help to look at examples. An example complaint in a tractor trailer accident case looks like this: COMPLAINT COMES NOW, the Ms. Plaintiff (“Plaintiff”) and files this Complaint against Mr. Defendant and Defendant Trucking Company (collectively, “Defendants”) showing the Court as follows: INTRODUCTION This is an action to recover for the personal injuries suffered by Plaintiff as a result of Defendants’ tortious acts and omissions. Plaintiff was lawfully stopped for traffic on Georgia Highway X, when a tractor-trailer owned by Defendant Company and operated by Defendant driver crashed into the rear of Plaintiff’s vehicle. This crash proximately caused Plaintiff to suffer serious injuries and damages. JURISDICTION AND VENUE Plaintiff, is a resident of ________ County, GA. Defendant Company is a Georgia Corporation maintaining as its registered agent ___________________, where it may be served with process. Defendant is therefore subject to the jurisdiction and venue of this Court. Defendant Driver resides at ________________, where he may be served with process. Defendant is therefore subject to the jurisdiction and venue of this Court. This Court has jurisdiction over this personal injury action. O.C.G.A. § 15-7-4. Venue is proper in _________ County, as Defendant Company’s registered agent is in said county. O.C.G.A. § 14-2-510(b); Ga. Const. 1983, Art. VI, Sec. II, Para. IV. FACTS On _________ date, Plaintiff was operating her vehicle in the center lane of a Georgia Highway, south of the intersection with a Georgia road. Plaintiff was lawfully stopped for traffic on the highway. At or about this same time, Defendant was operating a tractor-trailer in the center lane of a Georgia Highway, behind Plaintiff’s vehicle. Defendant’s tractor trailer was hauling steel. Defendant was driving too fast for conditions. Defendant failed to pay attention. Defendant failed to stop for traffic, including Plaintiff’s vehicle. The front of Defendant’s tractor-trailer crashed into the rear and driver side of Plaintiff’s vehicle, causing severe damage. Defendant negligently operated his tractor-trailer and caused the collision with Plaintiff’s vehicle. The negligence of Defendant included, but was not limited to, the following: (1) driving too fast for conditions in violation of O.C.G.A. § 40-6-180, said violation being negligence per se; and (2) failing to exercise ordinary care and diligence in the operation of his tractor-trailer. Defendant’s negligence was the sole cause of the collision. Plaintiff did nothing to cause the collision. At all times relevant to the collision, Defendant Driver was acting within the course and scope of his employment and/or agency with Defendant Company and, as such, Defendant Company is liable for the actions of Defendant Driver under the doctrine of respondeat superior. As a result of the collision, Plaintiff was severely injured. Her injuries included but were not limited to injuries to her ____, _____, and _________. Her injuries necessitated medical treatment and expenses. Plaintiff has suffered injuries, disabilities, and pain and suffering. These injuries will continue into the future. Plaintiff is entitled to recover from Defendants damages to compensate her for medical expenses, past, and future; lost wages, past, and future; pain and suffering, past and future; her physical injuries; and her physical disabilities. Plaintiff is further entitled to recover from Defendants all other damages Plaintiff suffered as a proximate cause of Defendants’ negligent acts and omissions. Plaintiff injuries and damages were proximately caused by the negligence of Defendants. COUNT I: NEGLIGENCE Plaintiff incorporates the preceding paragraphs 1 through 19 of the Complaint as if full restated herein verbatim. Defendant Driver negligently operated his motor vehicle, proximately causing the crash at issue, and personal injuries to Plaintiff. Plaintiff is entitled to recover from Defendants all damages proximately caused by Defendants’ negligent acts and omissions, in an amount to be proven at trial. COUNT II: NEGLIGENCE PER SE Plaintiff incorporates the preceding paragraphs 1 through 23 of the Complaint as if full restated herein verbatim. Defendant Driver negligently operated his motor vehicle in violation of O.C.G.A. § 40-6-180, which constitutes negligence per se. Defendant’s negligence proximately caused the crash at issue in this case and personal injuries to Plaintiff. Plaintiff is entitled to recover from Defendants all damages proximately caused by Defendants’ negligent acts and omissions, in an amount to be proven at trial. COUNT III: VICARIOUS LIABILITY Plaintiff incorporates the preceding paragraphs 1 through 27 of the Complaint as if full restated herein verbatim. At the time of the collision, […]

Our Cases: Wrongful Death at Cobb County Detention Center

We are proud to represent the family of Reginald Wilson in a wrongful death case. Mr. Wilson died of dehydration last year in the Cobb County Detention Center. This was after approximately 10 days of allegedly being provided no medical assistance, despite obvious signs of psychosis.  The AJC and the Daily Report have both written articles on this important case. We will work to get justice done for Mr. Wilson and his family.

What is a settlement?

The vast majority of cases settle. If you speak to an Atlanta tractor-trailer accident attorney, they will likely say approximately 95% of cases settle before trial. But what is a settlement and why is it happening so frequently? A settlement is when the parties to a lawsuit reach an agreement to resolve their differences. Typically, a settlement results in one party (usually the defendant) paying another party (usually the plaintiff) a cash amount, in exchange for a release of the claims. The settlement will be a formal written document, typically several pages in length that establishes the terms and conditions of the settlement. These will include at a minimum: (a) the amount of the payment; (b) when the payment will be made; (c) the claims being released; (d) indemnification (i.e. protection from future claims) by the recipient of the payment for future claims. Standard settlements often include a lot of other terms that your Atlanta brain injury attorney, Atlanta garbage truck accident attorney, or Atlanta wrongful death accident attorney can explain to you. The reasons people settle vary. However, the benefits to settlement are easy to see. Often, the monetary value of the case can be determined with general accuracy through prior verdict research and/or experience of the attorney in like cases. There is always the risk of an outlier verdict of course (where the plaintiff gets a lot more or a lot less than generally thought), but this is actually a reason for settlement: certainty. Litigation is expensive (especially trial), when there is a lot of money invested in experts, documents, demonstrative evidence, and the like. The settlement likely avoids a lot of these expenses, which ultimately are paid back by the client out of their recovery. Perhaps the biggest benefit of settlement: closure. All parties involved in a serious case (from class actions to truck accidents, to fatal accidents, to shootings, to brain injuries, you name it) experience a lot of stress from the litigation. When the case is settled, the outcome is known and the parties can begin moving forward with their lives made better. Our goal at Weatherby Law Firm, P.C. is to make lives better with honor, efficiency, and effectiveness. We want to resolve cases as efficiently and effectively as possible, whether through settlement or trial, so our clients lives are improved. Weatherby Law Firm, P.C. is a group of experienced  lawyers based in Atlanta, Georgia. We have recovered millions of dollars for injured plaintiffs and received one of the highest verdicts in Georgia history for fatal accidents. We have represented both plaintiffs and defendants, so we are able to give our clients unique insight, credibility, and perspective. There is nothing we like more than helping good folks in need of honorable, effective, and efficient representation.

Can Social Media Affect a Personal Injury Case?

It depends. If your Facebook, Twitter, Instagram, or other social media account are public, then the opposing party may search it for information. In the event that the information that is publicly available is relevant to your case, then it can be used against you. For example, in an Atlanta wrongful death case that we had, immediately upon contact from the client, we searched for the at-fault driver on social media. We found a video of the driver drinking at a bar shortly before the accident occurred. The video showed the driver, the alcohol, and the time it was taken. It was a “Facebook Live” video and said “[At-Fault Driver] was live” drinking moments before the accident. This social media evidence changed the course of the wrongful death case. It is routine at present for lawyers to search social media platforms for information on opposing parties that supports their case. If you have posted something relevant to your case in a public forum, it is best to assume that the other side will see it. A matter that may be considered relevant in a personal injury case would include: (a) pictures showing you post-accident performing physical activities; and, (b) comments, posts, and messages about the accident, the driver, or the physical condition of one of the parties. This is not an exhaustive list of course. Relevancy is a broad brush. If your profile is set to “private,” courts differ on whether the information is discoverable and, if so, how much. The party seeking to discover the information in Georgia will need to demonstrate that the information sought is “reasonably calculated to lead to the discovery of admissible evidence.” A lot of factors go into play, so the best way to answer this question is to consult with an Atlanta tractor-trailer accident attorney or a catastrophic injury attorney. We have handled numerous catastrophic injury cases and we offer free consultations. We practice all over Georgia.

Do I have to pay my insurance company back in a personal injury case?

After a truck accident, wrongful death accident, brain injury accident, spine accident, or any other serious personal injury, there is often a large amount of medical bills. Whether or not the injured person has insurance, the bills will need to be paid from the settlement funds. When a health insurance company has paid for the medical treatment, the insurer has a contractual right to subrogation. This is a fancy legal word that essentially means: the insurance carrier is entitled to recover from the injured party for any payments in medical expenses it incurred related to the accident. The policy behind this rule is that the injured party is otherwise receiving a double payment. That is, payment from the health insurance carrier for medical bills and payment from the defendant for medical bills. Putting aside whether that is the case, it is the law. There are some defenses to a health insurer’s subrogation. Most of the time, the health insurer’s lien is governed by O.C.G.A. § 33-24-56.1(b). This statute essentially states that the health insurer can recover medical expenses from the injured party if (1) there is an “amount allocated to those categories of damages in the settlement documents” and (2) “the amount of recovery exceeds the sum of all economic and noneconomic losses.” It is important to note that case law has generally found that it is a factual dispute whether the settlement agreement provided for medical bills and whether the recovery is large enough to permit the insurer to recover. If a health insurer is not involved, the hospital or medical provider may assert a lien on the proceeds. This lien is granted by statute as well, O.C.G.A. § 44-14-470. The charges the hospital or medical provider is charging must still be reasonable, which can be up for some debate. A reputable Atlanta truck accident attorney, Atlanta bike accident attorney, Atlanta brain accident attorney, Atlanta spine injury attorney can help you navigate this field. We have extensive experience in Atlanta truck accidents, Atlanta bike accidents, Atlanta brain accidents, Atlanta spine accidents, and other catastrophic injuries as well. We offer free consults. We practice throughout Georgia, including Gainesville, Columbus, Savannah, Albany, Macon, Decatur, Augusta, Athens, Sandy Springs, Roswell, Johns Creek, Warner Robbins, Alpharetta, Marietta, Smyrna, Dunwoody, Peachtree City, East Point, Newnan, Douglasville, Kennesaw, LaGrange, Lawrenceville, Duluth, Acworth, Cartersville, Snellville, Fulton County, Gwinnett County, DeKalb County, Cobb County, Cherokee County, Henry County, Richmond County, Muscogee County, Hall County, Forsyth County, Bibb County, Paulding County, Douglas County, Coweta County, and Clarke County.

What are a truck driver’s hours of service?

A truck driver has specific rules that control the number of hours that they can operate a truck. This includes hours controlling the number of hours a truck driver can operate a truck in a single day, as well as the number of hours in a week. The rules are divided into whether or not the driver is hauling property or people. In the case of people, like for example a bus driver, the time periods change. For a property operating commercial motor vehicle, there are several limits. First, there is a 14-hour driving window limit. A driver is permitted a period of 14 consecutive hours in which to drive up to 11 hours of time. Once that period expires, the driver is required to take 10 consecutive hours off before driving again. This regulation is § 395.3(a)(2). Second, during the 14 consecutive hour period explained above, a driver is permitted to operate his truck for up to 11 total hours. A break is required after 8 hours of driving. The break must be at least 30 minutes. This regulation is § 395.3(a)(3). The thirty-minute rest break requires that a driver not drive more than 8 hours consecutively without stopping for at least 30 minutes. This can be done during a meal or any other time in which the driver is not working for 30 minutes. Third, there is a 60/70-hour limit. This limit is based on a 7 or 8 day period respectively. This is sometimes referred to a  “weekly” limit. Importantly, however, the 7-8 day period does not have to begin at the start of the week. It refers to the days immediately prior to the current day. The 60-hour for 7 day limit applies to drivers of trucking companies that operate tractor trailers less than 7 days per week. The 70-hour for 8 day limit applies to drivers of trucking companies that operate tractor trailers every day of the week. In the event that a driver reaches this 60/70 hour limit, the driver cannot drive again until they go off duty a sufficient amount of time to bring them below this limit. Under these circumstances, the driver may still work but cannot drive until they are off duty the amount of time. Off-Duty means not working at the plant or facility, not doing paperwork, not caring for the truck, and not working another job. Importantly, excluded from on-duty time is time in the sleeper berth of a tractor trailer. The full description of what constitutes off-duty time is found in § 395.2. There are several important exceptions to the hours of service rules. One of the most significant, for CDL drivers, is the 100 air-mile radius exception. The 100 air-mile exception exempts a driver from the log-book reporting requirements, as well as the 30 minute break requirement. To qualify for the exception, the driver must operate within a “100 air-mile radius” of his normal work reporting location. The driver must return to this work reporting location within 12 hours. The driver is still subject to the 10 hour off duty requirement and 11 hour driving requirements. This exception is found in § 395.1(e)(2). Another important exception is for “adverse driving conditions.” In the event of unexpected adverse conditions, the truck driver may drive an additional 2 hours during the 14 hour period outlined above. This means that the driver may operate for up to 13 hours. Adverse conditions can mean things like snow or fog. They also can mean traffic under the right circumstances. Other conditions may qualify as well, and it is important to have a Georgia truck accident lawyer review the facts and circumstances of the case. This exception is found in § 395.1(b). An additional important exception is the 16-hour short haul exception. If a driver returns and reports from the same location and has for the prior 5 days, then the driver can extend the on-duty time to 16-hours for one day during a 7-8 day period. This is found in §395.1(o). The rules are complex, and there are many other exceptions and restrictions. A knowledgeable Atlanta truck accident attorney, like Weatherby Law Firm, P.C., can help you understand the rules and application to your case.