Legal Question in Personal Injury in New Jersey

Re: Contingency question

The lawyer is following standard contingency retainer agreement practice, in which the client is responsible for expenses only, and the lawyer only gets a fee if paid. While I doubt the lawyer will sue over $1200, it would be the estate obligation to pay. However, the estate, and not the lawyer decides whether the case proceeds or not. If your uncle was sick, than an argument can be made that the lawyer should have ensured that his testimony was preserved. However, it is possible that if there were witnesses to the accident, the case could be proven without your unlce, though the pain and suffering aspects are more difficult to establish.

I assume there wasn't much of a case if your relative doesn't want to pursue it. I suggest sending the lawyer a certified letter advising that the estate will not be pursuing the case, and you (your cousin) will consider his bill when finalizing the Estate Accounting later in the year. You could play hardball and say that since he didn't take the deposition, you wouldn't pursue claims against him if he drops the expenses claim, or you could just offer him a fraction of the expenses ($400 for example). Some expenses like postage, copies, etc., he should be willing to drop anyway. Out of pocket expesnes like filing fees and expert fees he might be less willing to drop.

Re: Contingency question

Your cousin would not be responsible for the outstanding expenses but your uncle's estate would be. It is difficult to differentiate between the person(ifhe is the only heir) and the estate but just as if your uncle had credit cards your cousin wouldn't pay those but your uncle's estate would.

Before droping the case, a last ditch effort should be made by the attorney to settle. Even if a low amount is gained, it is better than nothing and perhaps would be more than enough to pay the expenses and perhaps have something left over for the estate. 732-286-2170

John