At fault driver failed to stop at the traffic light and hit the left rear of my vehicle causing approximately $14,000 in damages (police report stated that he failed to yield right of way).
Legal fees for car wreck cases are generally handled on a contingency fee, meaning the attorney's fees are contingent on recovering for you and come out of that amount based upon your agreement with your attorney. Do you have an attorney for this matter? If so, a question like that is best suited for your attorney. If you do not have an attorney you should discuss this with one and along with that discussion make sure you are aware of the fees and how they are to be paid to your attorney. Any fee structure should be in writing so you and the attorney are clear on how the fees will be paid and recovered.
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This issue varies from jurisdiction to jurisdiction/state to state.
If you have already hired an attorney, these are questions you should be asking him or her.
That is, after all, why you are paying your attorney. It would be inappropriate for any attorney in this forum to comment on your case any further without having all of the facts, medical records, etc., to review.
Set up an in-office meeting with your attorney to go over any and all questions you have about your case. If at that point, you are still dissatisfied with what you are being told, you are free to drop your attorney and find another to assist you.
Please do not message me for further advice. If you are in need of an attorney to assist you, please search for another attorney in the jurisdiction involved in your case, as I am now retired, and my former law firm is no longer handling personal injury cases. I am active on AVVO and answer questions only as a public service at this point.
IMPORTANT: No attorney-client relationship is formed through interaction with this attorney on this public forum. The contents of any comment or response should be considered general conversational discourse on the topic identified and NOT specific legal advice or analysis that might apply to your situation. If you rely upon any part of the content of this response in making any decision or pursuing any course of action, you do so at your own risk and without recourse against this attorney or law firm.
Generally, legal fees are not recoverable unless agreed by contract or there is a statute that allows for fees. Tort claims for property damage and personal injury do not usually allow the recovery of attorney's fees.
The information you obtain at this site is not, nor is it intended to be, legal advice. This communication does not create an attorney/client relationship. You should consult an attorney for advice regarding your individual situation.
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