J. Chad Parker, PLLC

J. Chad Parker, PLLC

 

Entendiendo los honorarios de los abogados

One of the very first things that you do is decide on a lawyer. The lawyer that you choose has a contract that you will have to sign for him or her to represent you. The contract controls most aspects of the case. Will they charge you for helping with property damage? Will they charge you for recovering PIP (personal injury protection)? The contract usually indicates that there is a fee for a resolution of the case before a lawsuit is filed. Oftentimes, lawyers charge a greater percentage once your case is in litigation (a lawsuit has been filed). Some lawyers charge an even higher fee if the case goes to trial. With that understanding, you can see how the same settlement offer could be more money for you at one point in the case and significantly less, much later in the case. That is always something to think about during your case.

People want value for the service they receive. I understand that, which is why my office handles the property damage for free. I rarely take a fee off a person’s PIP. People do not quite understand PIP. It is a coverage that they paid for, yes, but it is specifically for medical bills. It is not something to be recovered and given to the client, although I do that in some cases when I believe the ultimate outcome will NET enough money to compensate for the lack of those funds. The lawyer’s effort prior to filing a suit is very important. If little effort is put forward to present your case, then it is most likely the offer will reflect that. It is also at a time when the attorney’s fees would be the lowest. The goal should be to get a genuine look at your NET (money in your pocket) before a suit is filed. That is the ideal time to resolve a case if possible. It is not always possible to resolve a case without filing a lawsuit. I have said that in other blogs. Sometimes the filing of a lawsuit generates an outcome that is better even after paying 40%. It is important to also understand that after filing suit, it may be advantageous to you to continue on to the mediation. At a mediation the other side is often motivated to resolve the claim, if they can, because of ongoing attorney fee expenses and case expenses that will be incurred through a trial. Lawyers with fees that increase after mediation are often in place to force you to accept the offer and not go to trial. I do not have an increase in my fee other than from pre-litigation to the time in which a lawsuit is filed. That gives you consistency in determining the outcome. You can always understand that if you add medical expenses, then those will have to be paid back. The gross settlement will be something that attorney’s fees are taken from FIRST. The medical expenses will be paid back next. Oftentimes healthcare providers will reduce their medical expenses in an effort to ensure payment. They also understand that the case will be or is being resolved, and they will receive payment for their services with certainty.

It should be apparent that a good settlement, with a pre-litigation fee (33.3%), with cooperative healthcare providers, will oftentimes be one of the best opportunities for you to have a good NET (the money in your pocket).