to answer a question that was posted online. He's a car accident attorney
in Phoenix, Arizona. John, the question for you was, "Can you explain
car accident fees as well as contingency fees?" - Yeah sure, car accident fees, most personal injury attorneys, so if you're injured
in a car accident and you have a
personal injury claim, there's several different
types of fee arrangements that attorneys can use.
There can be a flat fee
where you have to pay an attorney up front
a flat amount for what they're gonna work
the rest of your case. You can do it on an hourly basis or you can do a
contingency fee agreement which most personal
injury attorneys use. So contingency fee agreements,
what that means is that you don't actually have to
pay the attorney anything until they are
successful with your case and that's the way
that my practice is run with a car accident. So what happens is, someone
comes in in a car accident we sign a fee agreement
that tells them that after the case is settled, that I'm going to take
a percentage of the fee or the settlement that comes in and that's the
global settlement.
So there's probably a lot
of questions with that which I can try to
address a few of those. That means basically
that I'm working your case until we are
successful on the case without any money paid to me. Now when that gets settled, I would take a
percentage of that. So one of the things that
you have to consider though, with a lot of personal
injury attorneys that is not always discussed
right off the bat are, "How are the costs
associated with the case going to be handled?" So expert witnesses, people
that are coming in to do evaluations, engineers, anyone that needs
to testify at trial.
These are all people that
need to be paid up front so you want to make sure
that you ask your attorney, "I understand that I'm going
to be paying a percentage of the settlement, the global
settlement of the case, but how are we going to
take care of the costs?" Some firms and
attorneys will say, "Look, I'll front all the costs but I want those all
recouped at the end." Others will say, "Look, I'm willing
to front the costs and not get that recouped." So it's something that you can ask your attorney
about and negotiate. Now the percentage
is another thing that you want to know about and most attorneys
in Arizona are about a third of the settlement; some are a little
higher, some are lower. So you want to talk
about that too. And then finally, you
want to understand how that fee is going
to work in the end.
So what happens is
once your attorney; let's say that you
didn't go to trial you actually settled the claim. That's when you actually
get paid on your case you don't get money
until you actually are successful in
settling your case or winning at trial. So when your
attorney settles it, they typically have to put
it in their bank account, their client trust
fund for a few days. All the money will
go to the firm, they'll pay all your
medical care providers, they'll negotiate any
liens that you have meaning anything that the
medical care providers are wanting as far as payment and sometimes they
can get reductions on the amounts that they want.
And then they'll
pay you the rest and so some of the times
there's a question of, "Well is it worth
it to me to pay an attorney, you know a
percentage of the fee?" So some of the things
you have to keep in mind is that the attorneys know how
the insurance companies work. We know how to make
sure that you're getting the maximum benefit of
your fee, your settlement. We know how to make
sure that we're looking at all avenues
of settlements. So if there's other insurance
policies that are available we'll look at those and
try to get that money too.
We know how to read your
own insurance policy and a lot of times you have extra benefits that
you're unaware of there. And then we're aware
of getting reductions in a lot of your
medical expenses that allow you to have more
money in your pocket in the end. So those are some of
the things to consider and I hope this is helpful. - Excellent, thanks
for your time and if you have
any more questions; oh we're having
some reverb there.
If you have any more
questions you can actually just post your comments, or questions in the comments
section below the video and John has agreed to get
back to you with answers. Thanks for your time John..
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