Legal Question in Personal Injury in Oregon

If I was in an accident and it was not my fault do I have to pay for my attorney's fees? If I do wind up paying for my attorney's fees and we settle can I then take them to small claims and try to recoupe that cost? My claim is against the mother, her son was driving the car. So maybe I can take the son to small claims?

Any info would be helpful it just makes no sense to me that I should have to pay that when I'm not at fault.

Nick


Asked on 2/01/11, 12:32 pm

1 Answer from Attorneys
Sam Hochberg Sam Hochberg & Associates

It's not so cut and dry, Nick. It wasn't your fault, but if you try to resolve a personal injury matter on your own, the chances are that you will end up with LESS in your pocket than you'd get with a lawyer, even after paying attorney fees.

What you might not realize is that, presuming this is a personal injury claim, most lawyers will take your case with NO money up front, and will work on a percentage, or contingency. Then, the better the lawyer does for you, the more the lawyer is rewarded. So, your interests are usually parallel with those of your lawyer.

If, on the other hand, there is ONLY vehicle damage and loss of use of the vehicle, then you can probably just talk to a lawyer for free on the phone about how best to resolve the property claim.

If you were hurt, you really ought to at least consult with a personal injury lawyer, most of whom offer free initial consultation without obligation.

Good luck!

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Answered on 2/08/11, 6:05 pm


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