Filing a personal injury claim means that you have suffered an injury resulting from the defendant’s action or inaction. When you file such a claim, a court recognizes you as the plaintiff. The person against whom you file the claim is the defendant.
“Personal injury is not just about physiological injuries. It can also be mental or a combination of both,” says personal injury attorney Russell Berkowitz of Berkowitz Hanna Malpractice & Injury Lawyers. When you suffer from such injuries, you may sue the guilty party in court to demand damages. In this article, you will get to understand what personal injury is and how to settle legal fees when you file a personal injury claim.
Examples of Personal Injuries
Two major categories of personal injuries may qualify you for monetary compensation: physical and mental injuries. Physical injuries include injuries to a person’s body, such as limbs or organs. All physical injuries might not show up immediately after the accident. Psychological injuries include pain, anguish, and loss of enjoyment of life. It largely deals with the emotions that you have to deal with as a result of the injuries.
Personal injuries may be intentional or unintentional. An intentional injury occurs when the defendant commits an act that intentionally causes the victim to be injured. An unintentional injury occurs when the victim’s injury results from the defendant’s negligence. Examples of unintentional torts include vehicle collisions, medical malpractice, and slip-and-fall accidents.
Understanding the differences is essential in filing lawsuits, so it is necessary to engage an attorney before taking any legal action.
Explore related articles to deepen your understanding before you go.
Understanding Who a Personal Injury Attorney Is
A personal injury attorney is a legal professional who represents clients who suffer personal injuries. These clients may include those who suffer injuries from auto accidents or workplace accidents. A personal injury attorney also provides legal representation in medical malpractice lawsuits. Medical malpractice occurs when a professional healthcare provider neglects their duties, resulting in harm to a patient.
Things to Ask a Personal Injury Attorney
Engaging a personal injury attorney is the first important step when you want to file a personal injury lawsuit. However, you must know about personal injury attorneys before hiring one. It will help ensure that you have the right attorney for your case.
Before choosing an attorney as your legal representative, contact them by telephone, in person, or via email. Look for those who provide details about their experience and their knowledge of cases like yours. Asking the right questions will help ensure you get the right answers. For example, you may ask the attorney about their role in the law firm they belong to, their results as a personal injury attorney, or similar cases to yours that they have dealt with in the past. It will provide you with a picture of what their strategy might be.
The next important question is to ask about their legal fees and any other costs you may incur. After this, ask for their professional opinion of your chances if you file the lawsuit and the average compensation they have won for similar cases. It is important to ask these questions and pay close attention to the attorney’s responses. You will work closely with any attorney you choose to represent you on your case. As a result, it is crucial to understand what your chances are with them.
Personal Injury Attorney Legal Fees
Most personal injury attorneys work on a contingency basis. This means they are not paid upfront for the legal services they provide; their pay depends on the outcome of the case. For example, a plaintiff may agree to the defendant’s out-of-court settlement monetary offer. The jury may also award the plaintiff a pecuniary award for damages if the case goes to trial. In both cases, the attorney will receive a fixed percentage of the amount awarded.
However, you may still have to pay other legal charges and contingency fees. These include consultation fees, filing fees, court reporter fees, expert testimony fees, and others. Your lawyer may cover and include these costs in your contingency fee. They must mention this in the retainer agreement.
The law does not provide for the amount a lawyer may set as a contingency fee. Attorneys typically charge one-third of the monetary settlement. However, you may negotiate with your attorney since there is no legal provision for the percentage. Generally, a contingency fee may be as high as forty percent. However, attorneys do not charge less than twenty-five percent for contingency fees. It is important to note that the contingency percentage must be mentioned in the retainer document.
Attorneys’ Strategy in Setting a Contingency Fee
When setting a contingency fee, attorneys generally consider the merits of the case and the chances of winning. When the case is strong and more likely to win, attorneys set a lower contingency fee because the plaintiff will likely be awarded monetary compensation. On the other hand, attorneys set a higher contingency percentage when the case is weak because the chances of getting compensation are not very high.
Knowing When an Attorney’s Contingency Fee is Excessive
You can determine if your attorney’s contingency fee is fair or excessive by evaluating the following factors:
- The time it will take to complete your case
- The human resources required for your case
- If your case requires a special skill
- If your case will prevent the attorney from representing other clients
- What the legal fee is like in the jurisdiction
- The attorney’s experience and reputation
- Other limitations
Concluding Remarks
When you sustain personal injuries and you believe that your injury is a result of another person’s negligence, then you should engage a personal injury attorney. The attorney can help review your case, file your claim, and recover compensation.
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