How Expensive are Personal Injury Attorney Fees?

Posted by Adam R. Leighton on Dec 29, 2017 in Uncategorized | Comments Off on How Expensive are Personal Injury Attorney Fees?   Most attorneys collect hourly fees and an upfront retainer, but personal injury attorneys usually work on a different basis of compensation. There are usually no upfront payments for personal injury lawyers, they often work for a contingency fee which isn’t paid until the case is won. What is a Contingency Fee and How Does it Work? When the attorney wins your case, then they will take a percentage of your settlement or award for legal fees. A cut of about one-third of your award is common, but if your lawyer does not win your case, then they will not receive payment based on their contingency system. When you have finished the first consultation, you will be asked to sign a fee agreement contract if you decide this attorney is who you want for representation in your case. The agreement explains how and when your attorney will be paid and it details the percentage that both you and your attorney will receive should you succeed. Verify the fees first and be sure you understand the terms of the contract. Your attorney’s fees may account for more than just the costs of hiring. Expenses that you should be aware of include the cost of deposition, expert testimony, and other office fees in addition to the initial rates. These will also be deducted from your settlement before the attorney receives their contingency fee. Since many victims of personal injury are struggling just to pay medical bills due to their inability to work, this fee basis is advantageous for them because they won’t have to pay any out-of-pocket fees right away. The Average Fees of a Personal Injury Lawyer Personal injury attorney fees are commonly around 33.33 percent of the settlement amount of a successful settlement, however, the fees can be different based on the lawyer’s experience, location and the nuanced details of the case. If the case must be further pursued in court then the fee may increase to around forty percent. Thankfully, claims rarely go to court because they are usually settled out of court by insurance companies which may produce a better amount for the insurance companies to pay. If it goes to trial, the plaintiff may be awarded more money and they would rather avoid that outcome. This system ensures victims of personal injury have a fair shot at compensation since they are unable to earn income due...
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Sexual Misconduct By Religious Leaders

Posted by Adam R. Leighton on Dec 18, 2017 in Uncategorized | Comments Off on Sexual Misconduct By Religious Leaders Few things are more disturbing than pastors, imams, rabbis, or other religious officials who use their authority to coerce sexual favors from the people in their congregations.  As we have learned recently, “sexual misconduct” covers a wide range of actions, and in the context of official abuse, all are equally deplorable.  It’s also important to note that unpaid or unofficial church leaders are typically held to that same high standard.   In most states, even a slight bit of pressure in these situations may support a claim for damages.  In addition to the financial compensation available, these actions shed light on the issue in the church, synagogue, mosque, or other religious organization, limiting the number of future victims and sometimes forcing these groups to address the problem in a proactive manner.   Available Theories In civil court, unlike in the court of public opinion, victims must establish more than unwanted sexual advances or innuendos in order to bring a claim for damages.  They must present evidence in support of their claims, as a sexual assault lawyer Atlanta GA relies on can attest.  Moreover, this evidence must fit a certain legal theory, such as:         Fraud/Misrepresentation: If the perpetrator makes false or misleading statements to induce a certain conduct, or to convince the victim to remain silent, a remedy may be available as outlined above.       Negligence: Many times, the organization either knew about the potential for injury or turned a blind eye.  Both reactions arguably fall below the standard of care, and that is the core of a negligence case.       Assault or Battery: Assault can be verbal as well as nonverbal, and battery is a harmful or offensive touching.       Intentional Infliction of Emotional Distress: If the defendant acted recklessly or intentionally in an outrageous or extreme manner, and such conduct caused severe emotional distress, the actor may be liable for damages.   In most cases, both the organization and individual are responsible for damages in civil courts.  Most states apportion the damages between these defendants based on the proportion of their fault.   Possible Defenses If both the actor and victim are adults, consent is the obvious defense.  However, consent is normally an affirmative act, and it is important that the jury understand the difference between “consent” and acceptance or assent.   If the victim was a minor, the statute of limitations may be an issue.  However, the statute of...
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Most Commonly Broken Traffic Laws

Posted by Adam R. Leighton on Dec 17, 2017 in Uncategorized | Comments Off on Most Commonly Broken Traffic Laws Honestly, it’s hard to choose just five of the most commonly broken traffic laws because there are at least 10 that merit some consideration. If it has to be five, though, know that these are the worst of the worst traffic laws to break as they have the highest consequences, as a car accident lawyer can explain. No. 5: Driving without a license or insurance. The DMV may be one of Dante’s circles of hell, but it still provides a vital service by issuing – or refusing to issue – drivers’ licenses to drivers. Driving without a license means that you have either not been approved to drive, or your driving privileges have been revoked.  Either way, by driving without a license, everyone on the road is endangered. Insurance is equally important to have because it means that you can be sure to be able to pay for any damage you may cause – or damage caused to you by an uninsured driver. Driving without insurance is not only a financial gamble, it is an offense that can get you arrested. No. 4: Failing to yield. Yield signs are unique in the traffic sign world as they are the only signs in the shape of an inverted triangle. With their shrieking red background and the word ‘YIELD’ written in the middle, they are hard to miss, and for good reason. Failing to yield to traffic, meaning you stop and wait for traffic in the lane of travel or pedestrians or emergency vehicles to go first, is not only illegal, it’s incredibly dangerous. In 2011, failure to yield was the cause of 3,100 fatal accidents.   No. 3: Failing to use a seatbelt. All 50 states agree that seatbelt use is a vitally important component of a safe ride in an automobile. Failure to use a seatbelt is a violation of a law in every state (ever heard of ‘Click it or Ticket’?), although some treat it as more of a serious violation than others. Here’s another incentive, though, to buckle up: motor vehicle crashes are still the leading cause of death for children and adults up to age 54, and approximately 50 percent of those deaths are directly the result of not being properly restrained, either in a car seat or with a three-point seatbelt. No. 2: Driving under the influence. Driving under the influence means you are driving impaired...
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When to File a Medical Malpractice Claim?

Posted by Adam R. Leighton on Dec 16, 2017 in Uncategorized | Comments Off on When to File a Medical Malpractice Claim? Medical malpractice occurs far more than many like to admit. In fact, recent studies show that it is the third leading cause of death. When determining whether or not your physician acted negligently, it will be important to consult with a personal injury attorney, like our medical malpractice lawyer . With their support, they will be able to go over your case with you to determine the appropriate course of action. Common Medical Malpractice Claims There are many reasons for filing a malpractice claim. When a doctor acts negligently they put the patient at risk of further injury, and at times, can be fatal. Some examples of common claims include: Mismanagement of medication resulting in overdose or illness Misdiagnosing a patient, which leads to serious physical harm, even death Injuries to either the mother or baby from childbirth The doctor does not diagnose the patient quickly enough Mistake made in surgery The wrong amount of anesthesia is given to patient, resulting in damage or death. The Difference Between Gross and Simple Negligence A successful malpractice suit must prove that the doctor treating you acted negligently.      Gross Negligence is when the doctor’s duty of care is far worse than in the average case. For example, if a doctor were to complete the wrong surgery on a patient.      Simple Negligence is standard negligence in most malpractice cases. This is when a physician does not uphold the duty of care. How Long Will the Process Take? Enduring a medical malpractice claim can be a long, drawn out process. The preliminary process of discovery can take up to a year before it is complete. It can take as many as three years to reach a resolution. This process can be cumbersome, time consuming and incredibly expensive. Because of this, it is common for cases to settle out of court. Often malpractice cases only reach the trial when both parties have failed to come to a settlement through arbitration or mediation. When a Settlement is reached More often than not, parties reach a settlement. It is even possible for them to come to an agreement even before the lawsuit is filed. This is when negligence can be proven and the insurance is willing to pay out and settle the suit quickly. In such situations, the injury that occurred is likely minor. Being the victim of medical negligence comes with its fair share of hardships. Because...
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