Personal Injury

If you were involved in an auto accident, you might be considering hiring a lawyer. With nearly 6,000 licensed attorneys in Atlanta alone, how do you choose the one that’s right for you? Finding the best car accident attorney requires some research and meeting with multiple firms before making a decision. Here are some tips to help you find the best car accident attorney in Atlanta. 

Ask for Referrals

Start by asking friends and family if they have worked with a car accident attorney they like. One of them may have hired an attorney before and can provide some insight on why they did or didn’t like their attorney. You can also consider asking around your work as one or more colleagues might have retained a personal injury attorney as well.

Research Online

Your next step is to start doing some research online. If you received suggestions, you want to verify the attorney is reputable and will be the right fit for your case. Knowing what to look for in your research is essential. The best car accident attorneys will have the following qualities. 

Positive Client Reviews

Look for past client reviews and testimonials. You want an attorney who has satisfied clients. 

Good Industry Ratings

Look for the attorney’s industry ratings. Things like Martindale and Avvo ratings, board certifications, and other legal awards are good things to research. Not all practicing attorneys earn these awards and ratings. These can be good indications of your attorney’s skillset.

Standing with the Bar Association

You should also check for any disciplinary action with the state’s bar association. Google the attorney’s name as well to see if there is more information about any discipline, cases they’ve handled, community involvement, etc.

Prepare a List of Questions

Before you meet with any attorneys, you need to prepare a list of the most important questions you want answered. Most car accident lawyers offer free consultations. Use these meetings to ask critical questions so you can compare each attorney’s answers before choosing an attorney. Examples of questions to ask during the consultation include:

• How do your fees work?
• Will you be the lawyer handling my case, or will another attorney take over?
• How much do you think my case is worth?
• How long do you think it will take to resolve my case?
• What type of experience do you have with car accident cases?
• Have you taken any car accident cases to trial? If so, how many cases have you won?
• What is your policy on client communications? How long does it take to return emails and phone calls?

When you are preparing your list of questions, be sure to gather whatever evidence you have. You should bring anything that can help the attorney evaluate your claim. Documents such as medical records and bills, repair estimates, police reports, and scene photos are ideal if you have them.

Choose an Attorney Who Is a Good Fit for You

Before you make your final decision, think about whom you felt more comfortable with during your meetings. Are they a good fit for you and your case? You want an attorney who is passionate and will put your needs first. Also, think about how their personality will come across to a jury. If your case does go to trial, you want someone the jury will relate to and like.

Contact Weatherby Law Firm, P.C. 

If you’re searching for the best car accident attorney in Atlanta, let our experienced legal team assist. At Weatherby Law Firm, P.C., we have experience representing Atlanta clients in car accident injury claims. We have a long history of defending reputable companies and prosecuting cases for the seriously injured. Contact our office today to schedule an initial consultation.

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.

If you were in a car accident with injuries in Atlanta, then there may be a claim for injuries. The claim may be asserted against the driver that was at fault. A personal injury claim after a car accident may seek compensation for medical treatment, lost wages, and pain and suffering. 

Without a full understanding of the facts and the injuries, it is not possible to determine how much to expect from a car accident settlement. Generally speaking, the more serious the injuries and the more straightforward the facts, the higher the case value. 

However, it is important to note that not all car wrecks end in settlement. If there are disputed facts or damages, then the parties may not be able to agree to a settlement. A jury trial will result. The same types of compensation (injuries, missed time from work, and pain and suffering) may be asserted at trial. The jury will then determine the amount of compensation.

An experienced attorney can help you understand the facts of your case and the likely value. The Atlanta 

To learn more about the legal process or to explore what the value of your claim might be, talk to an Atlanta car accident lawyers from Weatherby Law Firm, P.C. We have extensive experience valuing car accident cases. We are committed to strength, integrity, and justice for all of our clients.

How Much Is the Average Settlement for a Car Accident in Atlanta?

Unfortunately, because every accident is unique and every victim faces their own set of challenges, it is impossible to determine the average Atlanta car accident settlement value. Beware of any website or Georgia car accident settlement calculator that claims to provide a dollar amount. Without having all the details relevant to your case, determining what you might be able to recover is impossible.

Based on the the injuries and other details, the injured person may be entitled to recover compensation for some or all of the following:

• The facts of the accident (who was at fault, partially fault, any extreme circumstances),
• Medical treatment (hospital stays, surgery, medical tests, imaging etc.)
• Lost wages and benefits (missed time from work, work history, earnings), 
• Prior issues (any prior injuries to the same area and claim history, for example); and,
• Pain and suffering (the severity/permanence of the injuries and pain involved).

The best way to determine the potential value of your claim is to consult with an Atlanta car accident attorney. It is generally best to consult an attorney at the earliest opportunity. This is because there may be evidence that you need to preserve to help your case.

How Long Does an Insurance Company Have to Settle a Claim in Georgia?

Generally speaking, an insurance company does not have a firm deadline to resolve a personal injury claim. There are certain circumstances in which the plaintiff can make a time-limited demand (such as 30 days) that requires an insurance company to respond within a certain time period. However, these types of demand require certain serious circumstances. To see if your case falls within this exception, contact an Atlanta car wreck attorney.

The most important timeline to consider for Atlanta car accident claims is established by the Georgia statute of limitations. After a car accident or other personal injury, generally speaking, the injured person has two years from the date of their injury to file a civil lawsuit.  

Some exceptions to this limitation may apply in your case. However, it is always best to take action as soon as possible after an injury accident. Talking to an experienced car accident lawyer is the best way to protect your legal rights. Your attorney can start building your case immediately.

Contact an Atlanta Car Accident Attorney Today for Help

After an accident, it can be difficult to determine your next steps. You likely have questions about your legal rights: How much is a lawsuit for pain and suffering? What do Atlanta car accident settlement amounts average? And others. Fortunately, you don’t have to navigate this situation alone. An attorney can answer your questions and provide the information you need.

It’s important to consult an experienced Atlanta personal injury lawyer as soon as possible. Contact Weatherby Law Firm, P.C. to speak to an Atlanta car accident lawyer or to schedule your no-cost, no-obligation consultation. 

The fundamental question before tackling any claim or lawsuit that arises out of an auto accident is the issue of who is at fault for the collision.

In law, this is known as liability. This determines who should pay for accident damages, and how much they will be accountable for. As an at-fault insurance state, Georgia allows injured parties to seek compensation from the at-fault party and, if applicable, their insurance company.

In addition, an injured person may have a claim against their own insurance company depending on the policy’s terms. So what are the best ways to determine fault and what evidence is needed?

Police Reports and Evidence at the Scene

After an accident, it is generally a good idea to call the police. When the cops arrive, they will often assess the situation. This includes an injury, major damage to the vehicles, and (usually) a determination of who is at fault.

The officer may also issue a citation. The police report may or may not be admissible in evidence, depending on the facts and circumstances. Regardless, however, this accident report is important in gathering information for who is at fault.

Even if the police are called, it is important for any person involved in an accident to gather as much information as they can. This means getting the contact information for drivers, passengers, and witnesses. Often, these folks may not stick around until the police are able to speak with them.

Pictures are also a good idea. This includes taking pictures of the accident scene. Skid marks, location of the vehicles, and other information from the scene can be important in determining which driver is at fault. It is also a good idea to take pictures of the vehicles involved, and the damage incurred.

If there are local businesses, they may have video. Some businesses will willingly provide that information. Others will not. A seasoned car accident attorney can help you.

Dealing with the Insurance Company

It is important to contact your insurance company as soon as you can after an accident. Most insurance policies require notice of a claim at the earliest reasonable opportunity.

If you are the at-fault driver, the insurance company will want all the information related to the incident. If you are the injured person, then it is important to also contact the other driver’s insurance company to make sure they’re aware of the claim.

When investigating a personal injury claim, an insurer may want to review the following:

• Police reports,
• Car repair bills, 
• Pay stubs establishing lost wages, 
• Medical bills,
• Medical records,
• Witness statements, and
• Photographs or video.

A good car accident lawyer can help place this information in the most compelling case for the insurance company.

If the case is not resolved pre-suit, then an injured party has the right to file a lawsuit against the other driver. This is why it is important for everyone in a car accident with injuries to make sure their insurance company is aware of the accident.

Contact Weatherby Law Firm, P.C. Today!

If you are involved in an auto accident with injuries, you need an experienced car accident attorney.

The Atlanta firm of Weatherby Law Firm, P.C. represents clients in a variety of personal injury matters, including car wrecks.

Contact our office via phone at (404-793-0026) or our online contact form.

If you are in a car crash on an Atlanta road or highway, you probably have a million thoughts racing through your head. Who will fix my car? What if I can’t work?

Deciding who is at-fault for a collision usually determines whose insurance policy should cover the damage to vehicles as well as medical costs.

This can be a confusing process, but knowing what to do in the immediate aftermath and seeking proper legal help can make a huge difference in your ability to recover full compensation for your injuries or protect your assets.

Here is a short guide to determining fault after a car accident in Georgia and what to do after one occurs.

Auto Insurance and Accident Claims

Georgia is one of the states that does not use the no-fault approach to auto accident liability. 

In a no-fault system, generally, each driver must first file a claim with their personal injury protection (PIP) policy for the full amount of damages. Then, the driver who is not at fault or is less at fault can sue the at-fault driver only for damages the policy doesn’t cover. 

Georgia does not use this approach. Instead, in Georgia, a person injured in an accident may sue the at-fault driver for the full amount of damages, regardless of their insurance coverage.

These damages can include medical bills, personal property damage, lost wages, pain and suffering, and others, depending on the circumstances. The key is proving that the other driver was negligent, you were damaged, and the negligence caused the damage. You generally can’t recover for pre-existing or unrelated issues.

Georgia’s Negligence Approach: Comparative Fault

Another issue that affects car accident liability is that Georgia follows the modified comparative fault rule for accident compensation.

This rule prohibits a person found to be 50% or more at-fault in the collision from pursuing damages from the other driver. This means that establishing fault percentages after a collision can make all the difference. Even if the other driver was 50% at fault, if the injured party was 50% at fault, there is no recovery.

Establishing Fault and Seeking Compensation

Because of Georgia’s laws regarding damages and insurance liability, properly establishing fault is a key to an injured person receiving compensation.

In many cases, proving fault can be challenging. There are multiple circumstances that can make what appears to be a straight forward rear-end car accident, for example, more challenging.

This is why it is important to seek the help of an experienced personal injury attorney. 

An attorney can help you gather the right evidence to prove the other party’s liability, including pictures, police reports, medical bills, and other important documentation. They can also represent your interests in settlement negotiations or litigation against the other party and their insurance company.

Even if you believe liability is a slam dunk, an experienced car accident attorney can review the facts and provide expert analysis. If you’re the injured party, there may be a fact you missed. If you’re the at fault driver, there may be a defense you didn’t see.

Contact Weatherby Law Firm, P.C. Today

At Weatherby Law Firm, P.C., we proudly represent Georgians in a variety of personal injury matters, including wrongful death, catastrophic injury, truck accidents, class actions, and professional malpractice from our office in Atlanta. We specialize in catastrophic personal injury claims and offer high-quality legal representation backed by integrity, strength, and charm.

We have extensive experience representing the seriously injured, as well as reputable businesses. This diverse experience gives you unique insight, experience, and credibility. We will make sure to put you in the best position possible under the circumstances. Contact our office via phone at (404-793-0026) or fill out our online form to schedule a free initial consultation.

Determining who is at fault in a car accident is not always straightforward. While there are some basic rules of fault, determining who is at fault often depends on the facts of your case. In Georgia, a driver who causes an auto accident is responsible for damages reasonably related to and caused by the truck or auto accident.

If you’ve been in an auto accident and have questions surrounding fault, you should speak with a Georgia accident attorney today.

Basic Rules of Fault in Georgia

In any car accident, general rules of fault exist to guide the parties involved. Generally, a person is at fault for causing an accident when:

• They drove negligently, such as holding their phone while driving;
• He or she broke a traffic law, such as speeding, that resulted in the accident;
• Their car was in a defective condition, which caused the accident; and
• In rear-end accidents, he or she was the driver who rear-ended the other driver.

However, the basic fault rules do not apply to all car accidents. For example, it can be difficult to determine who was at fault when one driver was using their phone and the other was speeding. In many cases, the fault may lie on both sides.

You should contact a Georgia accident attorney today to understand whether you could be deemed at fault for causing your accident.

Who Determines Fault in a Georgia Car Accident?

Insurance adjusters often make the initial determination of who is at fault in a car accident. Insurance adjusters tend to decide fault because people involved in car accidents submit claims through their insurance company. Evidence that insurance adjusters use to decide fault includes:

• The police report;
• Photos of the accident scene;
• Statements from the parties involved, including any witnesses;
• Photos of damages to the vehicles; and
• Weather conditions on the day of the accident.

However, an experienced auto accident attorney can place you in the best position to argue your case for fault. An attorney can challenge an insurance adjuster’s determination of fault and fight for a settlement.

Can Both Drivers Be at Fault in an Accident?

Under the rule of comparative negligence, both drivers can be at fault in an accident. Comparative negligence reduces the damages a person can recover based on their percentage of fault.

Georgia is a modified comparative negligence state, meaning that if a person is 50% or more at fault for causing the accident, he or she cannot recover any compensation. However, if a driver is less than 50% at fault, his or her percentage of fault reduces their damages. 

For example, if a driver suffered $100,000 in damages but was 30% at fault, he or she would recover $70,000. If the other driver was 70% at fault, he or she could not recover any damages because their degree of fault was over the 50% threshold.

Contact Our Georgia Auto Accident Lawyers at Weatherby Law Firm, P.C.

If you’re the victim of an accident in Georgia and are having issues regarding fault, contact our accident lawyers at Weatherby Law Firm, P.C. We work our cases from beginning to end with a hands-on approach.

Contact us today to schedule your consultation.

Atlanta Car Accident Lawyer Explains Insurance Letters and What They Mean

An insurance company sent my client a letter today. That sounds good on paper, but it’s not that good if you know the ins and outs of the law. The letter reads as follows. “If you agree to protect us, we will discount our lien by 25% if the case is settled or one-third if the case goes to trial,” and it says, “Just sign here agreeing to that.”

Well, while it sounds like they’re giving you some great discount, in actuality, the vast majority of insurance plans will have to accept a bigger discount than 25% or even one-third of their lien. That’s because, in Georgia, the majority of insurance plans have to prove that the plaintiff has been fully and completely compensated. That’s hard to do when you’re dealing with pain and suffering, and it requires a whole other lawsuit even if you want to do it.

Now, there’s one exception, and that is a federally funded ERISA plan. That’s going to be when generally you’re a part of a bigger organization or company that has a lot of people paying in, like a teacher’s union or something like that. I’ve seen it in smaller companies, too, but it’s just not as common. In that case, a 25% reduction is a big deal, because it’s governed by federal law, not state law, and the benefits to the consumer are just not as big.

However, if you get a letter like this, it’s just one of the reasons why you need to consult with an attorney who knows what they’re talking about. It sounds good on paper. It’s not that good in practice.

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 a car 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, and discs between your spinal bones, muscles, and ligaments. If a person feels any of the symptoms of whiplash resulting from a vehicle accident, they must 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.

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. 

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.

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.