The general rule when it comes to personal injury lawsuits is that the lawyer you hire does not get paid unless you get paid. You see the commercials on television all the time. Once you do get a settlement from a personal injury lawsuit, how much will the lawyer take?
The Process of a Personal Injury Lawsuit
When you come into the law office of an attorney who represents personal injury victims in the state of Georgia it is important to bring in everything you have to support your case. You are essentially making your case so that they can make your case better.
At the initial interview, they are getting an idea of what it will take to win your case and if there is enough evidentiary support for it. There are numerous things that a personal injury attorney in Augusta, GA has to have in order for your case to proceed, there are checklists that get your case ready for the courtroom.
Just because you have proof and evidence of your case, your lawyer is then responsible for taking that proof and obtaining proof to support it. They know what it takes to win in court.
What A Lawyer Does for You
Once all the evidence has been gathered, the lawyer is going to try to settle your case with insurance. This is because the idea of a lengthy trial is not only time consuming but can become costly for both parties. Make sure that you hire a personal injury attorney in Augusta with expert negotiating techniques.
Getting the most out of your settlement is better for you and for the lawyer, so they are going to fight to get you what you deserve. If for some reason a settlement cannot be reached, the lawyer will prepare for trial.
Personal Injury Trial
Just because your lawyer has filed a motion to take the lawsuit to trial, doesn’t mean that they are giving up on settling the case. This just means that negotiations now have a deadline attached to them-the court date.
If the case does make it to trial, both sides will get a chance to present their case. Once the sides have been presented the judge or the jury, depending on the type of trial you chose, will deliberate over the verdict. Once the verdict has been reached it will be given to the court.
If you win, it may not be the end of it. The defense may not be satisfied with it and appeal the decision which takes it to a higher court. If there is no appeal, then the trial process will end.
What Happens When It Is Over?
Whether or not you got a settlement or won in a trial, there are certain claims to your money that have to be paid first. This is called a lien. Medical care bills are generally the lien that is placed on the money that you have been awarded.
Since these liens have to be satisfied prior to you receiving any additional compensation for pain and suffering, your lawyer will put this in a special escrow account. From this escrow account, they will make sure that all liens are satisfied prior to distributing the money to you.
Once the liens have been satisfied the lawyer will write you a final check which is what your payout is for your pain and suffering or basically just what goes into your pocket.
My Check Is Less Than Anticipated
Up to this point, your lawyer has been preparing and working your lawsuit for free. They have had not required fees from you out-of-pocket prior to the settlement or the trial. Once the settlement or trial has been completed and the liens have been paid, the lawyer will take their share before giving you yours.
The way these lawyers work is based on a contingency fee basis. You don’t get paid, then they don’t get paid. It is kind of like working for a commission for a car salesman. If a salesman doesn’t sell a car and make money from the sale, then they aren’t receiving anything in their pocket.
In the state of Georgia, the take for a personal injury lawyer working on a contingency fee basis is 33.33% if the money is coming from a settlement. If the case goes to trial, then it is typically a 40% fee. For example, after medical liens are paid there is $100,000 left in escrow. The case had to go to trial in order to get that money. The lawyer will get $40,000 for your case and you will receive a check for $60,000.
Counsel That Cares
Finding counsel is not as hard as you might think. Selecting one who cares about you and your case can make all the difference in how settlements and trials are handled.
Never settle for second best. Get a free consultation by a personal injury law firm in Augusta who cares about you and will fight to get you the compensation you deserve.
