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How to Get Your Atlanta Car Accident Reports After a Car Accident in Atlanta, GA

Oct 18, 2020 | By Alex Weatherby | Read Time: 3 minutes

If you have sustained injuries or property damage in a car accident or truck accident in Atlanta, GA, you will likely need to obtain a copy of the official accident report. Obtaining the accident report is a crucial step in the process of a car accident case. This report usually contains important information that can help support your claim. Ways to Obtain an Atlanta Car Accident Report Get a copy directly from the police department; Purchase a copy of the accident report in Atlanta online; or  Ask your attorney to obtain a copy for you. Regardless of the method you choose, it is imperative that you get a copy. The availability of evidence contained in the accident report in Atlanta can be the difference between a successful and an unsuccessful outcome. The car accident and truck accident lawyers at Weatherby Law Firm, P.C. have extensive experience handling truck and car accident cases for clients in Atlanta and throughout Georgia. We can obtain a copy of your accident report for you so that you don’t have to worry about it. And once that step is completed, we can help you navigate the rest of your case as well. Send us an online message or call our firm at (404) 793-0026 for assistance. Getting Your Police Report in Atlanta Directly from the Police Department One way to obtain a copy of your GA accident report is to go directly to the police department. However, it is important to note that you must go to the department that responded to the collision scene and prepared the report. This means that if Atlanta officers responded to prepare the accident report, you must go to the Atlanta Police Department to obtain a copy of the report, even if you do not live in Atlanta, GA. The Atlanta Police Department has useful resources on its website providing instructions on how to obtain an official police report in Atlanta, GA. Parties to an accident can request copies from the Central Records Unit, which is open Monday through Friday between the hours of 8:30 AM and 3:30 PM. If you were in an accident in the Atlanta area on one of Atlanta’s interstates, the Georgia State Patrol may have assisted you. Their website contains important information on how to obtain a Georgia State Patrol accident report. Purchase an Online Accident Report Atlanta at Buycrash.com Another option is to purchase a copy of the Atlanta accident report online. Buycrash.com is a website that allows you to download accident reports from a variety of states, including Georgia. To download your report, you will need to pay a small fee and provide the following information: Your name, Date of the accident, and Your vehicle identification number (if known) (VIN) or accident report number (if known). This is generally a quick and easy way to obtain your Atlanta accident report. It is our experience, however, that the information on Buycrash is not always full and complete. We recommend either obtaining a copy from the policy department directly or asking your attorney to obtain it. How an Atlanta Accident Lawyer Can Help A car and truck accident lawyer can help you obtain your Atlanta accident report, along with other important evidence, so that you don’t have to worry about doing so yourself. Evidence is a crucial piece of the puzzle when it comes to a personal injury case. Thus, it is crucial to have as much evidence to support your claim as possible. We have recovered millions of dollars, and we have also defended reputable companies. We have extensive experience handling car accident cases and truck accident cases, from beginning to end, and we have what it takes to help you with yours. Contact us online or call (404) 793-0026 to schedule an appointment and see what we can do for you. [WATCH] How to Get an Accident Report in Atlanta

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The Difference Between Acquired and Traumatic Brain Injuries

Aug 21, 2020 | By Alex | Read Time: 3 minutes

Brain injuries are no laughing matter. The emotional toll that a traumatic brain injury can have on a family or individual is incalculable, while the physical and financial toll can be equally burdensome. The question of what is the difference between acquired and traumatic brain injury is a very common one, but the answer might surprise you. In fact, traumatic brain injuries (TBI) are actually a specific type of acquired brain injury.  The Brain Injury Association of America divides brain injuries between two overall categories: acquired and non-acquired. An acquired brain injury is one that occurs after someone is born, while a non-acquired brain injury is one that someone is born with or that occurs during birth. Typically, congenital factors or degenerative disease cause non-acquired brain injuries. On the other hand, a large number of different sources can cause acquired brain injuries. Traumatic vs Non-Traumatic Brain Injuries Generally, an acquired brain injury falls into one of two categories: traumatic or non-traumatic. The key difference between the two categories of acquired brain injuries is whether the cause is internal or external.  Non-Traumatic Brain Injuries Internal factors cause non-traumatic brain injuries. Typically, non-traumatic brain injury causes include: Strokes, Hemorrhages, Near-drowning experiences, Drug overdoses, Exposure to poisonous gas such as carbon monoxide, Seizures, and Electric shocks. Very often a non-traumatic or internal brain injury is the result of decreased or non-existent oxygen flow to the brain due to one of the noted causes. Traumatic Brain Injuries (TBI) On the other side of acquired brain injuries are traumatic brain injuries (TBI). External factors cause traumatic brain injuries. Federal law defines a TBI as “an acquired injury to the brain caused by an external physical force, resulting in total or partial functional disability or psychosocial impairment, or both.” Traumatic brain injuries, including concussions, can be caused in many different ways, including: Automobile accidents, Assaults, Sports injuries, Slipping and falling, Gunshots, Explosions, and Child abuse (shaken baby syndrome). According to the Centers for Disease Control and Prevention (CDC), falls are by far the leading cause of traumatic brain injury in America at (48%), followed by being struck by or against an object (17%). Both of these categories themselves can arise out of many different incidents that can occur in our normal day-to-day activities, such as: Being hit in the head by a ball in sports practice; Being struck by a vehicle while crossing the street; Slipping on ice on the sidewalk; Slipping on a wet floor at the supermarket; and Tripping over an obstruction at work. These are all events that can occur in our daily routines without doing anything out of the ordinary. These daily routines, however, can be permanently changed by a traumatic brain injury. Furthermore, the cost of these injuries is huge. Traumatic brain injuries cost Georgians an estimated $1.5 billion annually in lost wages lost and medical costs. Serious and Rare TBIs are some of the most serious injuries that patients, and lawyers, deal with. The vast majority of trauma does not result in a TBI. Because it is rare, it is important to contact someone with experience. Contact Our Team Today If you or a loved one has suffered any type of brain injury, the team at Weatherby Law Firm, P.C. is here to help. We understand how difficult it is to suffer a brain injury or to watch a family member suffer. We aim to ease that suffering with legal advocacy founded on principles of integrity, honor, and efficiency. Here at Weatherby Law Firm, P.C., we pride ourselves on caring for our clients as if they are part of our family. With our expertise, attention to detail, and compassionate approach, we can help you through this life-altering event. Contact us today.

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Choosing the Right Class Action Lawyer for Your Case in Atlanta

Aug 14, 2020 | By Alex | Read Time: 2 minutes

Class action lawsuits provide opportunities for harm suffered by multiple people to be corrected in a single lawsuit. These lawsuits may involve consumer fraud, defective products, or employment grievances. If you believe you have a valid class action lawsuit, contact the experienced team at Weatherby Law Firm to review your case. What Is a Class Action Lawsuit? A class action is a lawsuit consisting of one or more people representing the interests of a larger group sharing the same harm. This larger group is referred to as the “class.” Class action lawsuits promote resolution of legal issues where bringing individual cases is not economically possible. Class action lawsuits are designed to advance public policy goals by enabling individuals to receive a remedy for harm suffered at the hands of large companies.  Bringing a successful class action lawsuits requires the following: Commonality—the harm suffered is common to all members of the class;  Typicality— common set of facts is shared among the class; Adequacy—the class representative adequately represents the interests of the entire class; and Numerosity—The number of individuals affected is too numerous to bring individual lawsuits.  A class action must be the most efficient way to bring resolution to the harm. If a judge determines that the proposed class meets these requirements, the judge certifies the class and gives the lawsuit class action status. If a class fails certification, the class action lawsuit is dropped.  How To Hire the Right Attorney for Your Class Action Lawsuit  A class action requires a specific type of attorney with experience in class action lawsuits. If you believe you have grounds to bring a class action lawsuit, discuss the facts of the case with a qualified class action attorney. A class action attorney can analyze the pros and cons of your potential class action lawsuit and determine whether a viable case exists.  Experience Due to the complex nature of class action lawsuits, hire an attorney with extensive experience litigating class action lawsuits. Prioritizing litigation experience ensures the ability of your attorney to effectively represent the class and negotiate for positive results.  Results Obtained  Many class action lawsuits settle before trial. Upon settlement, a fund is established to distribute settlement proceeds to all members of the class. When deciding upon the right class action attorney, research whether the firm has obtained successful results in past class action lawsuits.   Client Focus  Ensure that your class action lawsuit receives the focused attention of your attorney. You don’t want to hire a firm unable to properly tend to your needs because the firm is overloaded with cases.  Contact Our Atlanta Class Action Lawyers Today  Do you believe you have grounds to bring a class action lawsuit? At Weatherby Law Firm, P.C., we make lives better for folks in the fields of catastrophic injury, truck accidents, class actions, and professional malpractice. We represent both injured folks and reputable businesses. Because of our experience, we know how to help you. We’d welcome the opportunity to speak with you today. Contact us now.

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Long-Term Effects of Severe Traumatic Brain Injuries (TBI)

Aug 7, 2020 | By Alex | Read Time: 3 minutes

If you have been in an accident that results in a severe traumatic brain injury (TBI), you understand just how serious this injury is. Put lightly, the immediate effects of a severe TBI can be scary, painful, and emotionally distressing. The short-term effects are often visible and readily identifiable. However, the long-term effects of a severe TBI vary wildly, can be harder to identify, and may not appear linked to the injury at first. Therefore, it’s important that you know what to look out for in yourself or your family member in the future. Physical Effects The long-term physical effects of a severe TBI are often similar to the short-term effects. Blurred vision, headaches or migraines, and dizziness are not uncommon for people with severe TBI. In addition, people who have suffered a severe TBI may report a recurring feeling of tiredness. Others have had seizures. These physical effects, while painful, are easy to see compared to other long-term effects. Cognitive Effects Cognitive impairment can be a long-term effect of severe TBI. Short and long-term memory loss may occur. This can leave a person confused about who their friends and family are or even where they live. Some cannot read at the level they once were able to, and others maylose this ability entirely.  TBI may also affect problem-solving abilities. Some people may be unable to complete the everyday tasks that once were able to, leaving them unable to button their shirt or tie their shoes. The cognitive effects of a severe TBI can be profound in the long term and often permanently alter one’s life in a fundamental way. Social and Emotional Effects Severe TBI can also have long-term social and emotional effects. Mood swings are not uncommon in people who have suffered a severe TBI. Depending on other factors, it may affect a person’s ability to work. The strain of all of the physical and cognitive symptoms can profoundly impact an individual’s psyche. This can result in mental distress like depression and anxiety. Further, a severe TBI can disrupt or damage an individual’s relationships with folks, from their parents to close friends.  The long-term social and emotional costs of a severe TBI may be serious. You may not initially think of these effects as being linked to the TBI. Synergy of Effects The combination of all or some of these effects often has a way of synergizing and increasing the total impact of the TBI in the long term. For example, an injured person may be unable to work due to a loss of movement ability. The loss of their ability to work may then have the effect on their relationships and their mental health. Severe TBIs, though serious, are rare. Fortunately, severe traumatic brain injuries are rare. In the vast majority of accidents, even those involving head trauma, the body repairs itself remarkably well and long term effects will not result. Only a well qualified physician can advise you on the potential effects of the brain injury in your case. It is important to get a qualified doctor and attorney to review any case that has allegations of a TBI. Contact Our Georgia Traumatic Brain Injury Lawyers Today Contact our experienced team of brain injury lawyers at Weatherby Law Firm, P.C. today. Whether the accident with a TBI occurred one day or one year ago, our team can help. We appreciate the wide variety of effects that a severe TBI can have.At the foundation of our firm are principles of professionalism, compassion, detail, and integrity. We work to make your life better. Let us do that for you.

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Why Hire an Atlanta Car Accident Lawyer?

Aug 6, 2020 | By Alex | Read Time: 2 minutes

According to the National Highway Traffic Safety Administration, car accidents cost the American’s $836 billion in 2010. That includes $10.8 billion in Georgia alone— more than one thousand dollars for every Georgian. In just one year.  Because of this, generally speaking, you should hire a lawyer if you find yourself in one of the following situations. When You are Negotiating with an Insurance Company If you have to negotiate with a car insurance company, you generally need to hire a car accident lawyer. Even if the insurance company is your own, it can be important to hire a lawyer. This is because insurance contracts are complex. There are hoops you may need to jump through to properly file your claim. Additionally, if the insurance company begins bargaining with you, it is important to understand your rights. If you or a loved one is injured, then it is important to hire a reputable lawyer that can assist you in pursuing the claim. The lawyer will be able to gather the necessary information and speak the same language as the insurance adjuster. This can help resolve your case quickly and for a more reasonable sum. Likewise, if you are the at fault driver, hiring a lawyer is important to protect your assets. When You Are in a Car Accident Any folks involved in a car accident that results in injuries should consult with an attorney. Whether you are the at-fault driver or the other driver who is not at fault, a personal injury attorney can help evaluate the facts and circumstances of your case and protect you. If you are the injured person, an Atlanta car accident attorney can help you get reasonable compensation for your injuries and damages. If you are the at-fault driver, an Atlanta accident attorney can make sure you are well defended. A good car accident lawyer will evaluate the facts, including any available videos, witness statements, and the law. An attorney may also consult with with an expert, such as accident re-constructionist. After gathering all of the facts and circumstances, the attorney can advise you how best to proceed. When You Suffer Any Damage from a Car Accident The damages that arise from a car accident vary widely. The damages that may be recoverable after a car accident include:  Lost wages; Emergency room costs;  Medical costs;  Costs of psychiatric care;  Costs of lost wages;  Property damage costs; and  Pain and suffering. These costs add up quickly. An Atlanta car accident lawyer can help you record and calculate the total cost of a car accident. This is important to know, whether you are pursuing a claim or defending your assets. Contact Our Atlanta Car Accident Lawyers Today Have you or a loved one been involved in a car crash recently? If so, contact our team of Atlanta car accident lawyers at Weatherby Law Firm, P.C. today. Our team has years of expertise successfully advocating for people involved in car crashes. We represent the truly injured and honorable businesses. Our firm is founded on principles of integrity, honor, and efficiency. Here at Weatherby Law Firm, P.C., we pride ourselves on caring for our clients as if they are part of our family. In doing so, we bring attention to detail and a sense of urgency.

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Can You Sue an Auto Repair Shop or Mechanic for Negligence in Georgia?

Jul 30, 2020 | By Alex | Read Time: 3 minutes

Taking your car to a mechanic costs time and money. We know that you expect the auto shop to fix your vehicle correctly. But if that doesn’t happen, you may be able to sue the mechanics if they did not act reasonably. That is because mechanics who commit to working on your motor vehicle have a responsibility to do the work right. When that does not happen, a court may say they are negligent. What Is Negligence? Negligence that gives rises to a claim generally happens when these three things occur: Someone has a duty to act with care in doing something;  They breach their duty by not using the level of care ordinarily expected; and They cause harm because they did not do what they were supposed to. In the case of mechanics, they assume a duty of care by agreeing to repair your vehicle. A mechanic has a duty to use the same level of skill as a reasonable mechanic would under the same or similar circumstances. An example may help explain this concept. Let’s say you need your brakes fixed on your truck. You hire mechanics who say they’ll fix the breaks. The auto shop calls and says they repaired your vehicle. So you pay the mechanics and pick up your truck. But, what you didn’t know is that the mechanic failed to install the brakes properly. When driving home, your truck does not stop when you press the breaks, the vehicle is damaged.   In this example, the mechanic negligently caused the damage to your truck. Applying the elements here, we see as follows: The mechanics had a duty to fix your truck; The auto shop may not have used or ordinary care in servicing your truck; and The inadequately repaired breaks directly caused the damage. The factors of duty, level of care, and damage all must be considered when determining if you have a winnable case. How Can an Atlanta Accident Attorney Help When a Mechanic Is Negligent? There are many factors that may affect whether a mechanic is negligent. An attorney is the best person to evaluate those factors. It is crucial to get a lawyer or law firm that understands liability relating to auto shops and can fight for you. An experienced negligence attorney will analyze your case, which may include the following: Review all of the facts, consider the laws, and discuss your options with you;  Help you gather necessary evidence including records, photographs, and expert opinions if necessary; Be sure to follow all the rules and file paperwork needed for court on time; and Negotiate and sometimes settle your claim without going to court. An experienced catastrophic injury attorney can help ensure that you place your mechanic negligence claim in the strongest position possible under the circumstances. Steps to Take If You Think a Mechanic or Auto Shop Is Negligent in Georgia A lot of times a driver won’t realize that the mechanic failed to do their job until it is too late. But, if you do think the car or truck is unsafe, then do not drive the car. Have it towed to another mechanic to double check the work.  If you find yourself in the position where you had an accident and you think it was due to faulty repair, here are the eight steps we recommend that you take: Check on the folks at the scene of the accident and ensure everyone is safe; Call the police and report the accident; Seek medical attention if needed; Call you insurance company and report the accident; Contact a lawyer experienced in cases regarding auto shops and mechanics as soon as possible;  Keep all bills, receipts, and estimates of the work the mechanic did or claimed to do; Do not agree to anything directly with the mechanic or anyone else at the auto shop; and Do not give any statement to the mechanic or their representatives. Your attorney will represent you and take the lead in negotiating your case.  How Can Weatherby Law Firm, P.C. Help You? At Weatherby Law Firm, P.C., we make lives better for folks in the fields of catastrophic injury, truck accidents, class actions, and professional malpractice throughout the state of Georgia. We represent both injured folks and reputable businesses. Because of our experience, we know how to help you. We’d welcome the opportunity to speak with you today. Contact us now.

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Serving a Personal Injury Lawsuit in Georgia on an Out of State Defendant

Jul 14, 2020 | By Juris Digital | Read Time: 2 minutes

Video Transcript Alex Weatherby: Usually, serving a lawsuit is pretty simple. We give the papers to the process server and they take them and serve them. But what if the defendant, the person that caused the accident, lives in another state? What if they live in New Jersey or Alaska and you’re sitting here in Georgia? Well, that’s where the Georgia Nonresident Motorist Act can come in handy. What it says is, if you follow a few elements, you can serve the Georgia Secretary of State instead of serving the nonresident motorist. Alex Weatherby: So, what are the three elements? First, we have to have a nonresident, obviously. That seems pretty simple. Like, hey, if they don’t live in Georgia, then they’re a nonresident. But what the courts have said is, if you’ve got a company or a business who has a registered agent in Georgia, even if they do the vast majority of their work or all of their work outside of the state, they’re not a nonresident. Alex Weatherby: So, let’s say we have a nonresident. Somebody who lives outside the state, no registered agent here in the state. Well, then we go to the second element, and that is that you have to personally serve the Georgia Secretary of State with the papers. You give them to the process server and they take them and serve them. Alex Weatherby: Then we have the third element and that is that you must take what you’ve served the Secretary of State and mail it via registered mail to the nonresident motorist. In addition, you must include in that package a certificate that says, hey, I’ve served you via the Nonresident Motorist Act so that they know that they have to answer the lawsuit. Once you’ve done that, then the nonresident motorist has to answer the lawsuit, just like if they had been personally served here in Georgia. It could be really helpful if your defendant is out of state or somewhere hard to reach.

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What Is the Georgia Statute of Limitations for Car Accidents?

Jun 8, 2020 | By Alex | Read Time: 3 minutes

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. 

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What happens to the expenses in my case after settlement?

Apr 22, 2020 | By Alex | Read Time: 2 minutes

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. 

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How does a personal injury lawyer get paid?

Apr 15, 2020 | By Alex | Read Time: 2 minutes

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.

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