Contingent Fees for Personal Injury Litigation

Posted by Amy Nutt at 23rd June, 2009


Everyone should have access to quality legal representation when they need it. This is especially true when an individual suffers a serious injury that changes their lives forever.

Unfortunately, far too many people feel that only the wealthy can afford to pursue personal injury litigation after a crippling accident. What these individuals fail to realize is that many attorneys are willing to make a contingent fee arrangement with the injured party, which defers costs until a settlement or monetary award is granted to the plaintiff.

How Contingent Fees Work During an initial consultation (which may or may not be free), an attorney will look at your case and see if it is strong enough to pursue Personal injury claim. If deemed so, the lawyer then decides to make an agreement based on what you can pay at the time. If you do not have the ability to pay, you can negotiate terms that supply a percentage of damages recovered after a win.

The beauty of this arrangement is the fact that you do not have the pay a cent if the case is lost. In other words, if your lawyer fails to obtain compensation for your injuries, you dont have to worry about lawyers fees. This does not mean however, that expenses are not incurred; however, many lawyers deduct these costs from their clients reparations once the case concludes.

Determining Percentages The financial percentage is often discussed before hand and are calculated a number of ways. Most of the time these deductions depend on the type of case you are pursuing and the circumstances surrounding it. Just be sure to clarify any issues you may have prior to retaining a lawyers services.

Advantages to Personal Injury Victims Of course, the biggest benefit to those who want to pursue personal injury litigation is the fact that they do not have to come up with any upfront money. They also know that the lawyer would take the case on if they felt there was little chance of losing, so the odds of winning your case are fairly good. In other words, you will have the peace of mind that comes with knowing that the lawyer will work very hard to win.

A Great Motivator When you think about it, the lawyer who agrees to contingent fees is casting his lot with his client. He is also confident in his own abilities and more than likely has a great track record in the personal injury arena. Of course, these are all things you can discuss with your lawyer before you decide to move forward with a personal injury lawsuit.

Does he charge a fee? Before you sign on the dotted line, make sure your lawyer of choice provides the contingent fee option as only a handful of providences, namely, Alberta, British Columbia, Ontario and Quebec offer the convenience.

Contingent fees do help personal injury victims in the long run and are well worth the mutual risks associated with them. It also guarantees that legal representation is accessible to all, which is truly what justice is all about.

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What is Compensation for Future Care Expenses?

Posted by Amy Nutt at 16th June, 2009


The term compensation for future care expenses refers to the amount of money that future medical care of a person is expected to incur in relation to a disability caused by an unnatural event. It is generally brought up as an issue in legal proceedings, especially having to do with medical type insurance companies, i.e., worker’s compensation, malpractice or liability cases in which one or more parties were permanently injured or disabled.

Compensation can include initial medical expenses, lost time wages, rehabilitative services, counseling, patient care expenses and compensation for pain and suffering. For instance, if an employee is injured at work and severely injures a hand, in addition to compensation for lost time wages and the initial medical expense of repairing whatever damage was done to the hand, the employer’s worker’s compensation insurance may be held responsible for the cost of future rehabilitative and corrective procedures performed in relation to the initial injury. The compensation for future care in this instance can range from the cost of several sessions of physical therapy to a large lump sum granted due to ongoing medical procedures and surgeries and the inability to work in the chosen or related field ever again.

The insurance company will most likely offer a settlement which reflects their preferred payment with regard to the situation. If the recipient finds the amount offered to be unacceptable, the matter may be taken to court where a judge will rule on the amount that should be compensated to the person.

Guidelines and rules regarding the extent and availability of compensation for future care expenses can be complicated and vary from state to state. Most insurance companies will most likely try to avoid paying the full cost of future care expenses when possible. It can be a long and arduous process to collect the full amount required by the individual with regard to expensive medical expenses and costs of daily living, especially if the physical damage is extensive. Hiring an attorney that specializes in this type of case is highly recommended to ensure proper compensation, as the amount of compensation that can be expected varies with each case and is subject to many factors including local regulations, type of insurance coverage, even the date the claim was filed on. Ultimately, the final decision is made by the ruling judge in the case.

If an individual is permanently injured at an early age, perhaps due to a physician’s malpractice or an accident caused by another individual, the cost of future care expenses can be very high and must be thoroughly anticipated in order to receive proper compensation which will fully cover the care the individual is likely to require over a lifetime. In order to calculate the full cost of such a situation, the services of a respected and capable doctor who will be the patient’s long term care provider are necessary in addition to a skilled attorney.

While it is hoped that one will ever need compensation for future care expenses, if the need arises, it is imperative to enlist the services of someone skilled and experienced in this type of situation so as to receive all the care that is rightfully deserved in order to experience the highest quality of life possible.

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