child was hit by a train, The conductor saw the child try to jump out of the way. Who's at fault?
Read reviews that can tell you a lot, as far as who is at fault that is something to discuss in detail with your attorney.
The above answer is for information only; and does NOT constitute legal advice. This answer does not constitute, nor does it create, an attorney-client relationship between KaplunMarx, PLLC, Theodor Kapun and any receiver. The information provided on these pages is general only, and you should not act upon this information without consulting with a qualified attorney.
It is possible the lawyer is fine but you should not be judging the quality of the lawyer based upon that. The lawyer you choose should have many years of experience as a personal injury lawyer as well as lots of experience in train accident cases. You are here on Avvo so hopefully you looked him or her up to see what the client reviews say about your lawyer. You can also read what other attorneys say about your lawyer. In addition you can interview multiple lawyers to see who is the best fit in this case.
The facts you have told us do not make it clear who was at fault for the accident. Consult with a few lawyers in person to get a thorough evaluation of the case.
Consultations are free. I am sorry the child was hit- that’s awful regardless of who was at fault.
Legal disclaimer: The statement above provided by Sandra Worthington, Esq. is general information and not intended to be a legal opinion because not all the facts are provided. The person requesting information and all others reading the answer should retain an attorney who is permitted by the state bar within the jurisdiction who can examine the complete facts and provide a legal opinion on your case. All information provided in the above answer and other information provided by Sandra Worthington, Esq. and Worthington Law Group does not create an attorney/client relationship within any state or under Federal law.
Contingent fees vary and the cheapest lawyer may not be the best. The old saying is you get what you pay for. Best advice-look at the client reviews on AVVO to find the best lawyer. It is difficult to tell who is at fault from your brief description and without knowing the age of the child. An experienced personal injury lawyer should be able to answer that question after speaking to the child and investigating the case.
1- The settlement of any injury claim for a child under age 18 must be approved by the court. Typically in Phila. the court will only approve a 1/3 (33.33%) attorney fee unless the court believes the attorney had to go to extraordinary effort to obtain the settlement. So any attorney who agrees to charge 30% is only giving a 3% possible reduction.
2-As others have responded, you shouldn't look strictly at the attorney fee. Hiring an attorney is not like buying a product where you just want the lowest price. You need someone with experience in that type of case & proven results.
Disclaimer- This response is not intended to establish any attorney-client relationship. This response only provides general information which may not be applicable to your particular situation. You should contact an attorney for a complete review in order to receive a formal legal opinion.
As to whether an attorney who charges you a 30% contingency fee being a good lawyer, that is not a yardstick you should use at all. The going contingency fee rate is 33 1/3%, so it appears you are getting a slight break here, but that is all anyone in this forum is going to be able to tell you regarding your attorney.
As to who is at fault, there is not enough information here to make a definitive call.
Your best bet is to get the child any needed medical treatment and retain an attorney immediately. If you do not want to sign up with the attorney who is going to charge you the 30%, use the "Find a lawyer" link at the top of the screen for the names of some personal injury attorneys near you.
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