Index
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Sponsor
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Attorneys
at Law
LEADING BRAIN INJURY LAW
FIRM
RESULTS OF PROVEN TECHNIQUE,
DEDICATION AND HARD WORK
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Sponsor
Centers for
TBI Rehab
800-296-5462 |
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206-547-1000
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Tompkins & Associates
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 9/11/01
Legal
Fees and Costs
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We believe that early intervention is essential for
prevention of the secondary consequences of brain injury.
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We know that delays may cost the family much
more money and emotional distress over time.
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In many cases it may not be necessary to pay up front for legal representation
in personal injury cases.
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Free Legal services Many
social service agencies offer Free Legal services to qualified individuals
in certain areas of the law. Typically, such agencies
do not provide
representation in personal injury cases because of the contingency fee
system (see below).
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| Mistaken Impressions: |
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Many people are reluctant to involve an attorney
because they feel they cannot afford one.
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Typically, personal injury claims are handled under
what's called a contingency system.
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That is, payment of attorney fees and costs are
paid at the conclusion of the injury claim.
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The attorney fees and costs are deducted from the
proceeds of the settlement.
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In that way the contingency system makes access
to legal representation affordable to all citizens.
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| Legal Fees and Costs: |
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About fees. Contingency
fees are one of the three principle types of fees charged by lawyers.
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The others are flat rate
and hourly rate fees.
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Contingency fees refer to
a fee agreement with an attorney under which payment of such fees is contingent
upon winning the case.
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Contingency fee cases are
usually limited to personal injury cases where insurance is available.
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The percentage that lawyers
charge for their services in contingency cases typically ranges from 25%
to 50%.
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The average rate is 33% before
trial, and 40% if the case goes to trial.
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In defective products cases
the average fee is 40% or greater before trial, and even higher if the
case goes to trial.
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| Key Points: |
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Under the contingency system, if no money is collected
on your behalf no lawyer fees are owed to your lawyer.
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However, you may be responsible for the costs of
your case even if you do not pay a fee.
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If you lose your case you might be held responsible
for your opponent's costs and attorney fees.
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| How to fire your attorney: |
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Your fee agreement should
explain your rights and responsibilities concerning lawyer dismissal.
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Basically, you simply need
to provide written notice of dismissal, preferably by registered mail.
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Arrange to pick up your file,
or to avoid further contact, you may have your new attorney send notice
of dismissal.
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Such notice should also direct
your ex-attorney to forward your file to your new attorney.
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Fees owed to your ex-attorney
should be paid out of fees recovered by your new attorney. In other
words, attorneys split fees in such cases.
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Avoid lawyer hopping.
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Find a good lawyer and stick
with him or her.
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Try to work out any differences.
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Lawyer hopping can have a
negative impact on your case.
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It might cause good lawyers
shun your case.
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| The right attorney: |
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The importance of choosing the right attorney
in a brain injury case cannot be overstated.
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Head injury, toxic exposure, whiplash or other insults
which result in injury to the brain greatly increases the complexity
of an already very complex personal injury claim.
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In such cases the right attorney can mean the difference
between a good outcome and an unfortunate outcome; a win or a loss.
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Even a minor brain injury
can result in serious, lifelong impairments.
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Frequently, recovery from
brain injury involves the need for expensive
and extensive medical, rehabilitation, and
support services.
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The considerable
financial demands that result from a brain
injury requires that all possible financial resources be vigorously pursued.
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While minimum legal qualifications are adequate in
many cases they are far from adequate in brain injury cases.
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Brain injury greatly increases the complexity of
the very complex claims resolution process.
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In addition to expertise in personal injury law and
medicine, lawyers handling brain injury cases must also possess brain injury
proficiencies to properly handle such cases.
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READ our
Disclaimer
and Privacy notice before proceeding!
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This
site was created and maintained by:
Brain
Injury Resource Center
PO Box 84151
Seattle, WA 98124-5451
206-621-8558
http://www.headinjury.org
brain@headinjury.org |
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