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Is it a common practice for your attorney to require you to pay half the cost to file a law suit?

Tampa, FL |

I was involved in an automobile accident that injured both my son and myself which totaled my car and has cost me many dollars for medical attention. The insurance company of the other driver offered a settlement of $1,587.20 which it rejected. The auto accident occurred in Oct. 2009. My lawyer has advised that he will not move forward with my case until I have paid him has the cost of filing the suit. Please advise, thank you

Attorney Answers 10

Posted

There are different laws that govern different states. Most attorneys I know require a retainer up front. however some personal injury attorneys require nothing up front so you really need to find out what the laws are that govern this in your state and move forward with that knowledge.

Check out my website below and give me a call for a free consultation if you are a California resident 877-427-2752 or you can email me at Michael@Kingofpersonalinjurylaw.com www. KingofPersonalInjuryLaw.com I am licensed in California only and my answers on Avvo assume California law. Answers provided by me are for general information only. They are not legal advice. Answers must not be relied upon. Legal advice must be based on the interplay between specific exact facts and the law. This forum does not allow for the discussion of that interplay. My answer to any specific question would likely be different if that interplay were explored during an attorney-client relationship. I provide legal advice during the course of an attorney-client relationship only. The exchange of information through this forum does not establish such a relationship. That relationship is established only by personal and direct consultation with me followed by the execution of a written attorney-client agreement signed by each of us. The communications on this website are not privileged or confidential and I assume no duty to anyone by my participation on Avvo or because I have answered or commented on a question. All legal proceedings involve deadlines and time limiting statutes. So that legal rights are not lost for failure to timely take appropriate action and because I do not provide legal advice in answer to any question, if you are an interested party you should promptly and personally consult with an attorney for legal advice. Also, see Avvo's terms and conditions of use, specifically item 9, incorporated by this reference

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Posted

It is dependent upon the lawyer's practice.

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Posted

Whether you have to pay the case costs associated with pursuing your case will depend upon whatever agreeement you have with your attorney. In my experience handling personal injury cases in Florida for almost 20 years, MOST firms that primarly handle personal injury cases will front case costs, and seek to recover them once a recovery is made from the at-fault party. However, there is not REQUIREMENT that a law firm do things this way. I would look at the Authority to Represent that you signed with your attorney's office and see what it says about how case costs will be handled.

I am licensed to practice in law in Florida, only. Any information or insight that I provide for scenarios outside of Florida, is provided for general information purposes, only. Nothing that I post on this forum should in any way be construed as legal advice.

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Posted

It sounds like the attorney may not think the case is worth much money. If they only offered $1,587.20, they do not take the injuries very serious. The attorney may be making sure he at least does not get stuck with a lot of costs for a small case. Filing fees are probably 1/3 of what they offered you.

The response given is not intended to create, nor does it create an ongoing duty to respond to questions. The response does not form an attorney-client relationship, nor is it intended to be anything other than the educated opinion of the author. It should not be relied upon as legal advice. The response given is based upon the limited facts provided by the person asking the question. To the extent additional or different facts exist, the response might possibly change. Attorney is licensed to practice law only in the State of Alabama. Responses are based solely on Alabama law unless stated otherwise.

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Posted

Well, if the case hasn't been filed then perhaps you need to find a another lawyer.

I will say, a few things strike me here. Saying a car is "totaled" doesn't mean much unless the actual "damage" to the car was huge, i.e. big impact and big visible crush damage. For example, a beat up 1998 car with 150,000 miles can be "totaled" with only $500 bumper damage. That's because the value of the car is less than the cost of repairs.

The nature of your injuries drive the value of the case. If you racked up big bills for small injuries, i.e. strain/sprain, "whiplash," etc., then don't expect a big check to come your way. Big bills don't mean big settlements. Only big injuries = big settlements.

Lawsuits cost money. Your attorney may be reluctant to file a lawsuit because your claim just might not warrant one. If your case is worth a few grand, for example, filing the lawsuit will only reduce what you put in your pocket (if anything).

Talk it out with your lawyer. If that doesn't work, then consult another one and be honest about the realities of your case and injuries.

DISCLAIMER: We do not have an attorney-client relationship. Only those persons who have a signed written fee agreement and authority to represent with me is an actual client. This response does not form an attorney-client relationship, nor is it intended to be anything other than my educated opinion or viewpoint. It should not be relied upon as legal advice. I recommend you consult a lawyer if you want professional assurance that this information, and your interpretation of it, is appropriate to your particular situation. Do not act on any information in this response without seeking legal advice from an attorney in your area.

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2 comments

Asker

Posted

Hello it was a Mercedes, newer model that was completely smashed into the rear drivers side where my 2yr old sat

Asker

Posted

I was permanately injured with two herniated discs for live and am now still continuing pain management. for this the insurance company tried to buy us of with only $1500 with an insurance policy of $100,000.

Posted

No not unless that is something you agreed to in advance

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Posted

No, it is not common. Most attorneys who handle injury cases, my firm included, advance filing fees as a general practice and recoup the filing fee as part of the costs taken out of any recovery. This suggests that the attorney or firm likely doesn't have the cash reserves necessary to advance the ~$400 filing fee to file a negligence lawsuit.

Whether you cough up the filing fee or hire a new lawyer, you need to move forward quickly, as your statute of limitations for an October 2009 car accident will expire in October 2013.

If however, your retention agreement ("Authority to Represent and Contingency Fee Agreement") indicates that you are to some extent responsible for costs, then you have agreed to this. Your attorney should have discussed this when you hired the attorney. The Statement of Client's Rights your attorney was supposed to also give you also requires that you discuss this when you retain the attorney.

Bear in mind however, that if you fire your attorney, they will likely assert a lien for the work they have done, which (depending on the amount of work they've actually done) could present a problem if you sought a new attorney.

Until you retain this firm and we have an attorney client relationship, nothing stated above should ever be construed as legal advice on which you may rely in your actions. If you would like to discuss further, please contact me. Jason Holbrook, Esq. Holbrook Law www.holbrooklawpa.com Sarasota Office 1990 Main Street Suite 750 Sarasota, FL 34236 (888) 908-7824 toll free (941) 538-7878 phone (941) 538-7879 fax

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You have the right to get a new lawyer.

Only 29% Contingency Fee! Phone: 215-510-6755 www.InjuryLawyerPhiladelphia.com

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No, it is not common , but the risk your lawyer may see in filing a lawsuit in your case may warrant you being responsible for at least the initial costs. Check the contract you signed at the beginning of your case to check to see if there was a provision that you pay court costs in the event of a lawsuit. Be clear with your lawyer about moving forward and if there are other costs you would be responsible for. Whatever you do, don't wait, as it appears the statute of limitations to file a lawsuit in your case expires in October 2013 (there is a four-year statute of limitations from the date of your accident to file a lawsuit).

Ian M. Thomas, Esq. - Perenich Caulfield Avril & Noyes, P.A. - www.usalaw.com The above answer should not be construed to constitute legal advice and does not create an attorney-client relationship. This information is intended as educational only and you should seek a qualified and experienced lawyer with questions about your legal rights. The hiring of a lawyer is an important decision that should not be based solely upon advertisements. Before you decide, ask for free written information about the lawyer's or law firm's qualifications and experience.

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Discuss your concerns with your lawyer. If you are not satisfied with his/her answer, then you are allowed to hire a different lawyer. Also, reread the contract that you signed with your lawyer; there may be a clause in it that entitles him/her to reasonable attorney fees for the work that he/she completed on your case. Regardless of what you decide, watch your STATUTE OF LIMITATIONS.

Questions answered by me on AVVO does not create an attorney-client relationship.

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