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-client relationship is created with the furnishing of this advice. Attorney licensed in North Carolina only.
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 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.
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.
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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!
NOTE: Although a response is provided to the specific question, there may be other facts and law relevant to the issue. The questioner should not base any decision on the answer and is specifically advised no client-lawyer relationship has been established. Put simply, seek the advice of competent counsel without delay to discuss the particular aspects of the case, factual scenario and historical background. NOTE: There may be other facts and law relevant to the issue. Readers should not base any decision on the;information provided herein and are specifically advised no client-lawyer relationship has been established. Put simply, seek the advice of competent counsel without delay to discuss the particular aspects of the case, factual scenario and historical background WHY: The content herein is provided for educational purposes and should not be inferred as applying only to DWI / DUI criminal defense. In fact, it may be equally relevant to claims of personal injury involving accidents and the consumption of alcohol or more simply, to the daily practice of law. Bill Powers lectures on such issues on a regular basis with the intent to educate, to be fair, to be accurate and to encourage, open, honest and scientific discussion on the subject. Attorney Bill Powers did NOT represent the Defendant in the particular cause of action.
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.
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