| The cornerstone of any attorney/client | | | | $1,000.00 per hour for their testimony!), |
| relationship is a clear and concise understanding of | | | | videographers and court reporters. Depending |
| the services the attorney will provide and how he | | | | upon the complexity of your case, these case |
| will be paid. In order to avoid confusion, a detailed | | | | expenses can range from a few hundred dollars |
| written agreement should be used. In personal | | | | to well over $50,000.00. |
| injury cases, the fee agreement will identify the | | | | If a case has merits, an attorney will likely front |
| specific incident (i.e. automobile collision, | | | | these expenses for you, but will expect to |
| construction site collapse, medical procedure | | | | recover these expenses from your share of the |
| performed) being investigated and the manner of | | | | settlement or court recovery. You will therefore |
| payment. In almost all personal injury cases the | | | | be paying a contingency fee plus reimbursement |
| attorney will be paid with a "contingency fee," | | | | of the attorney's out of pocket expenses. Take |
| which is a percentage of the recovery made on | | | | for example, a relatively straight forward |
| the client's behalf. If no recovery is made, no | | | | contested automobile collision case with a |
| attorney's fee is owed. | | | | $45,000.00 recovery. You have agreed upon a |
| In the metro Atlanta area, contingency fees for | | | | fee of 1/3 of any sums recovered prior to suit |
| an automobile collision case are typically in the 1/3 | | | | being filed, plus reimbursement of the attorney's |
| to 40% range. Many attorneys offer a scaled | | | | out of pocket expenses. The attorney spent |
| fee, charging a higher percentage, if the case | | | | $500.00 in securing your hospital records and a |
| cannot be resolved prior to the initiation of | | | | detailed report from your orthopedic physician. |
| litigation or if a trial is necessary. Some kinds of | | | | Your attorney will receive a fee of $15,000.00 and |
| personal injury matters, like medical malpractice | | | | expense reimbursement of $500.00, giving you a |
| and products liability cases, can be of greater | | | | net recovery of $29,500.00. |
| complexity and specialists in these areas may | | | | Be mindful that any statutory hospital or medical |
| require higher contingency fees of 40% to 45%. | | | | liens for unpaid medical expenses, or group health |
| The fee agreement should specify how case | | | | coverage or Medicare/Medicaid reimbursement |
| expenses will be handled. Expenses are typically in | | | | subrogation claims, will then be paid from your |
| addition to the contingency fee and can be quite | | | | $29,500.00 portion of the settlement. Your |
| costly, even in relatively simple cases. In | | | | attorney should explore the legal validity of any |
| prosecuting a personal injury case, your attorney | | | | such liens and attempt to negotiate a reduction in |
| will purchase your medical records and police | | | | those liens. The law involving subrogation and |
| reports and may need to pay consultation fees to | | | | reimbursement liens is quite complex and is still |
| your physicians, engineers, economists or other | | | | evolving. Your fee agreement should specify that |
| experts. If a lawsuit is necessary, expenses will | | | | resolution of the liens is one of the services your |
| be incurred for court filing fees, physician | | | | attorney will provide. |
| depositions (many medical specialists are charging | | | | |