How Will My Asbestos Attorney Be Paid?

 

How Will My Asbestos Attorney Be Paid?

You have seen or heard the claims of an asbestos law firm: "If you do not return anything, you owe nothing." But what does that mean?

Reviewed by David Goguen, J.D.

 

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Many asbestos cases (like most injury-related cases) are handled by attorneys “with emergency money”. That means that the payment of attorney fees depends on the attorney getting the client a good result. Your attorney takes a percentage of any compensation or court judgment you receive, and usually pays all the costs as the case progresses. If there is no payment or judgment in your favor, you do not owe the lawyer anything. Let's go after the emergency payment agreement in the context of the asbestos-mesothelioma case.

 

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What are Attorney's Costs and Fees?

"Costs" and "fees" are two different things in a legal case. The costs are the costs incurred by the asbestos attorney or company to proceed with the case towards compensation or judgment. Costs usually include:

 

installation fee (for first appeal, subsequent proposals, etc.)

the cost of providing documents to the defendants

the cost of obtaining health records

text entry fees

payment to medical professionals (usually thousands of dollars) and others, as well

judges' fees.

Many of the plaintiff's attorneys care about costs and try not to spend any money unnecessarily. If the attorney is unable to pay, the attorney will usually be responsible for the costs, but make sure that this is stated in your financial agreement with your attorney.

 

If your lawyer has 40% of the emergency money and you pay the defendant $ 10,000, your lawyer will take $ 4,000, pay any of the remaining $ 6,000, and pay you the balance.

 

Attorney's fees are paid to compensate the lawyer for his or her time, as well as the time of the employees who support the company. These include investigating and documenting the complaint and submissions, appearing in court, summoning witnesses, reviewing documents, taking and defending appeals, and preparing and prosecuting. In certain types of cases, attorneys are paid an hourly notice.

 

But in almost all asbestos cases, instead of an hourly charge, the law firm collects a percentage of any compensation or judgment under an emergency payment agreement.

 

How Are Costs and Costs Calculated?

An attorney will usually take the emergency money first in the settlement or adjudication, and then deduct the remaining costs. For example, if your attorney has a 40% emergency fee and you are suing the defendant for $ 10,000, your attorney will take $ 4,000, pay any of the remaining $ 6,000, and pay you the balance.

 

What this means is that at the beginning of your trial, when the initial costs increase, your compensation may not be enough to cover the costs of the attorney. Initial settlements are usually small. The costs also increase in the later stage of the case when both parties prepare for the trial, but the payment may be even greater at that time.

 

In some cases your attorney may choose to charge you for any of the costs and wait for you to be able to pay later. Unless such an agreement is specified in your contract, payment in advance for reasonable costs is made at the discretion of your attorney.

 

What Is a Reasonable Percentage?

Emergency fees are usually set at 33 to 40 percent in the first stages of a trial. Some attorneys will increase the percentage of payments reached after the case has been given a trial date, because then the case begins to require additional attorney's time. If a complaint is required, the attorney's fees may increase as part of the contract, or your attorney may want to enter into a new contract. Your attorney can also reduce the cost of paying for asbestos defendants who have no money.

 

 

What if I Change Attorneys?

If you sign a contract with one firm and the firm transfers all or part of your case to another attorney — perhaps because of management problems — you will need to sign a contract with a second attorney. The terms should be the same, but there may be contract clauses that determine how firms will allocate funds. This should not result in additional costs for you. Transfers are not uncommon — especially if work-related asbestos exposure occurs in many states, or while you are in the military — and make sure that transfers are not an indication of the value of your asbestos case.

 

The situation is different if for some reason you and your lawyer cannot work together. If you and a part of your attorney's company take your case to a different company, the attorney who originally signed the agreement reserves the right to reimburse you for any improved costs, and any representation fees, for any compensation made by your new company. This is known as lien. Lawyers will rectify this between them. But note that the second company is not obligated to offer you the same contract.

 

How much does a MOSOTHELIOMA LAW COST?

 

When you get a mesothelioma diagnosis, you go into survival mode. At first, you may only worry about treating this serious type of cancer, which is usually caused by prolonged exposure to asbestos. But sooner or later, you will have to wonder how you can provide for your family while you are receiving treatment. You may feel angry about the circumstances of your illness, too, and decide to file a personal injury lawsuit seeking damages.