Injury attorneys percentage fees and with injury claims

Asked almost 2 years ago - Mooresville, NC

I was injured but its strictly muscle soreness, and aches. No broken bones, thank goodness. I have been going for therapy and treatments for about a week now. Im getting better but not up where I once was. Anyways, my insurance has paid off my totaled vehicle and a small amount left over. my legal counsel has forwarded all paper work as far as letters or sorts, to the carriers and providers. Afterwards they will collect any records or bills they may not have. I mean should I just let it flow or what,,, not sure but my legal person may withdraw... I dont know Im just guessing on that. Crash report shows accident not my fault. What good could come of this? Well Im still living and not seriously injured is one main thing. I mean financially. Guilty party insurance did not accept fault yet

Attorney answers (6)

  1. Michael Scott Rothrock

    Contributor Level 15

    13

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    Best Answer
    chosen by asker

    Answered . It's not clear what your question is. Many personal injury attorneys in North Carolina operate under a contingency fee basis, meaning they are paid a percentage of any recovery obtained (usually 33.33%). In addition to any fees, most lawyers also advance costs on their client's behalf and are reimbursed at the end of the case. If a lawyer withdraws under a contingency fee contract, or the client terminates them, then the contract for legal services usually allows the attorney to recover a fee based on their time, experience, and the amount of work they have put into the case. It's not clear why you think your attorney may withdraw from the case, but if they do, there is nothing that would prevent you from seeking another attorney and you would be encouraged to do so. Injury claims also do not resolve over night, especially if you are still treating. Even when liability is clear, depending on your medical issues the claim can still become somewhat complicated. This is because the law requires not just proof that the other person was at fault, but it also requires you to prove that you were injured and that those injuries were a result of the collision. It could take months, or even years, for your claim to resolve. Typically, people benefit from having legal counsel, especially when its their first accident and they do not know what to expect or what their rights are. Usually, an experienced personal injury attorney can often recover more for the injured party than the injured party could handling the claim by themselves because of their knowledge of the law and experience with the claims. I highly recommend you discuss your concerns, and your expectations, with your current lawyer to come to an understanding of what to expect on your case. That lawyer is in a much better position to advise you on your claim than anyone on AVVO as they have a better understanding of all the relevant facts and circumstances surrounding your claim.

    This information is provided for general purposes only and should not be construed as legal advice. No attorney-... more
  2. F. "Bill" William Powers

    Pro

    Contributor Level 17

    7

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    Answered . Sometimes people don't fully understand the hows and whys of a settlement, especially as it pertains to legal fees. There tend to be a LOT of moving parts when it comes to presenting a claim for damages, injuries, lost wages, etc.

    In many instances a personal injury attorney will have established the different percentages and terms of representation via a written contract. You may benefit from taking a closer look at the agreement with the firm / attorney. If that still doesn't answer your question(s), set up and appointment and talk with legal counsel.

    Most attorneys very much want their clients to understand the process. Please also know that "denying the claim" or other foot-dragging, although VERY frustrating, is pretty normal for carriers.

    Talk your lawyer. I feel certain s/he would be more than willing to go through the different issues and clear up any confusion you may have.

    Sorry you're going through a difficult time. It doesn't take broken bones to feel rough after a wreck. Not knowing when you'll feel "normal" can be disheartening. Take your time, get healthy and realize legal claims generally proceed slowly.

    Best of luck to you!

    Bill Powers

    NOTE: Although a response is provided to the specific question, there may be other facts and law relevant to the... more
  3. Randy William Ferguson

    Contributor Level 19

    7

    Lawyers agree

    Answered . You could have medicals paid and receive money for wage loss and pain and suffering. No way to know how much without more information. If attorney withdraws, get a new attorney.

    The response given is not intended to create, nor does it create an ongoing duty to respond to questions. The... more
  4. Charles Joseph Michael Candiano

    Pro

    Contributor Level 20

    7

    Lawyers agree

    Answered . Once you have completed medical care, your attorney will send a comprehensive demand to the carrier for the at fault driver. Given that the impact was sufficient to total the car that you were driving,

    I would urge you to consult an orthopedic doctor before you consider settlement as you may have serious permanent soft tissue injuries which have not been diagnosed.

    If this information has been helpful, please indicate by clicking the up icon. Legal Disclaimer: Mr.... more
  5. Lars A. Lundeen

    Pro

    Contributor Level 20

    3

    Lawyers agree

    Answered . I'm not really sure what your question or issue is. I suggest that you meet with your attorney in a face-to-face conference to discuss all of your issues.

  6. Kevin B Sciantarelli

    Contributor Level 2

    3

    Lawyers agree

    Answered . My firm charges a contingency fee rate of 28%. I do not raise that percentage at any time in the case from filing the lawsuit to a full appeal if needed.
    http://www.855kevin11.com/why_sciantarelli_law_...

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