Legal Question in Personal Injury in Michigan

Re: Personal injury-car accident

There are many costs associated with bringing a case. These costs include filing fees, the payment to doctors for depositions, payment to hospitals for medical records and things of that nature. These costs are deducted from the recovery. Then the fee is computed on what is leftoveer. A 1/3 fee is normal. In fact, I would not go to a lawyer who charges less because it indicates that the lawyer does not anticipate the difficulties and complexities that are involved in handling such a case. So, the lawyer is correct.

Re: Personal injury-car accident

A standard fee arrangement is a 1/3 attorney fee plus costs. Costs may either be advanced by the client or come off the top if monies are recovered for the client. Costs off the top work like this. Assume the attorney recovers $100,000 for your wife and there are $10,000 in costs (filing fees, copies, expert testimony if needed etc.) The costs come off the top so $100,000-$10,000 is $90,000. The attorney is paid 1/3 of the $90,000 and the client receives the rest.

The other attorney is correct and there is no way to know what costs will be incurred.

One important factor is whether the attorney has trial court experience in the county where your wife had an accident. There are many Oakland County firms that do little work in Macomb County just as there are Macomb County firm that do very little work in Oakland County. Drawing a Judge who is familiar with your lawyer/firm can be most helpful. Another important factor is the relationship between your lawyer and the insurance company adjustors/attorneys. A good working relationship between the two parties does not guarantee a pre-trial settlement but may help a little. This is an adversarial process so there is always conflict but there are some plaintiffs attorneys who have created alot of animosity with insurance adjustors/their attorneys and that can make matters tougher for the client.

We are certainly interested in speaking with you and your wife about her case. You may contact us at your convenience by email or call 1-800-209-4000.

Re: Personal injury-car accident

I think what this attorney is referring to is actually costs, not fees. This is entirely appropriate. However, the costs are taken out before the one-third /two-thirds split of the recovery.

On another note, you can negotiate attorney fees. For example, I often enter into contingent fee agreements where my fee is 25% percent if settled prior to filing suit and then 33% after filing suit.

You would be well served to retain counsel that you are comfortable with in every regard and who regulary practices in the county in which the accident happened. I would be interested in speaking with you if the accident happened in Washtenaw or Jackson counties. My direct number is (734) 544-7676. Regardless, I wish you the best fortunes in this matter and your wife a speedy recovery.

Don Darnell

Re: Personal injury-car accident

I believe what you are referring to are court costs and other ancillary costs associated with a personal injury claim like yours. These costs (filing fees, depositions, expert witnesses, etc.) are traditionally taken off your final recovery before the contingency fee is taken. Although it is customary for an attorney to front these costs some do ask for them up front. You shouldn�t have to pay them up front. Established firms would never ask for them up front. With respect to the one-third (1/3) contingency fee, it is certainly negotiable. Most firms won�t budge though because they are opposed to under cutting the competition.

You need to find a strong, experienced well-established firm in the county where the accident arose. It is important to get a firm that concentrates their practice in the Circuit Court where your case is going to be filed. Not only does it speed things up, but also it will most likely facilitate a better settlement.

If you want more information please feel free to call my office at (248) 865-4700. Best of luck!