Car Accident Attorney Fees

Contingency fee’s explained by Car Accident Attorney John Kelly

We’re with John Kelly.
John Kelly has agreed to answer a question that was posted online.
He’s a car accident attorney in Phoenix, Arizona. John, the question for you was, “Can you explain car accident fees as well as contingency fees?

Car Accident Attorney John Kelly

Yeah sure, car accident fees, most personal injury attorneys, so if you’re injured in a car accident and you have a personal injury claim, there are several different types of fee arrangements that attorneys can use.
There can be a flat fee where you have to pay an attorney upfront a flat amount for what they’re gonna work the rest of your case. You can do it on an hourly basis or you can do a contingency fee agreement which most personal injury attorneys use.
So contingency fee agreements, what that means is that you don’t actually have to pay the attorney anything until they are successful with your case and that’s the way that my practice is run with a car accident.

So what happens is, someone comes in in a car accident?
we sign a fee agreement that tells them that after the case is settled, that I’m going to take a percentage of the fee or the settlement that comes in and that’s the global settlement. So there’s probably a lot of questions with that which I can try to address a few of those. That means basically that I’m working on your case until we are successful on the case without any money paid to me.
Now when that gets settled, I would take a percentage of that. So one of the things that you have to consider though, with a lot of personal injury attorneys that are not always discussed right off the bat are,

How are the costs associated with the case going to be handled?

So expert witnesses, people that are coming in to do evaluations, engineers, anyone that needs to testify at trial. These are all people that need to be paid upfront so you want to make sure that you ask your attorney.

I understand that I’m going to be paying a percentage of the settlement, the global settlement of the case, but how are we going to take care of the costs?” Some firms and attorneys will say, “Look, I’ll front all the costs but I want those all recouped at the end.”
Others will say, “Look, I’m willing to front the costs and not get that recouped.” So it’s something that you can ask your attorney about and negotiate. Now the percentage is another thing that you want to know about and most attorneys in Arizona are about a third of the settlement; some are a little higher, some are lower.

So you want to talk about that too. And then finally, you want to understand how that fee is going to work in the end.
So what happens is once your attorney; let’s say that you didn’t go to trial you actually settled the claim. That’s when you actually get paid on your case you don’t get the money until you actually are successful in settling your case or winning at trial. So when your attorney settles it, they typically have to put it in their bank account, their client trust fund for a few days. All the money will go to the firm, they’ll pay all your medical care providers, they’ll negotiate any liens that you have meaning anything that the medical care providers are wanting as far as payment, and sometimes they can get reductions on the amounts that they want. And then they’ll pay you the rest and so some of the times there’s a question of, “Well is it worth it to me to pay an attorney, you know a percentage of the fee?” So some of the things you have to keep in mind are that the attorneys know how the insurance companies work. We know how to make sure that you’re getting the maximum benefit of your fee, your settlement. We know how to make sure that we’re looking at all avenues of settlements.

So if there are other insurance policies that are available we’ll look at those and try to get that money too. We know how to read your own insurance policy and a lot of times you have extra benefits that you’re unaware of there. And then we’re aware of getting reductions in a lot of your medical expenses that allow you to have more money in your pocket in the end. So those are some of the things to consider and I hope this is helpful.

10 Tip on How to double your personal injury settlement

Personal injury text from wooden blocks on desk

Tips Phoenix personal injury lawyer

Hi, I’m John Kelly of the Kelly Law Team.
I’m a personal injury attorney here in Phoenix, Arizona. I want to give you 10 tips to potentially double your personal injury settlement.

The first one

Is that you want to try to establish liability. What that means is that the insurance companies are going to wonder who caused the accident. And you want to get that taken care of as soon as possible. So, you gotta keep your evidence of photographs at the scene, talk to witnesses. If you’re able to, get the police report. Usually, you’ll get an accident exchange sheet that will give you the report number. Track down all that information so you can try to establish the liability of who caused the accident right off the bat.

The Second Tip

Do not give statements to any insurance companies. What this means is that you’ll have both insurance companies, your own and the others. The ones who hit you. There’ll be calling you and requesting a statement from you. I would advise you to hold off on giving any statements of not only your car accident or motorcycle accident, how it happened, but also your injuries. You may want to do this later But you’ll have to consult with a personal injury attorney. just for a moment to talk to them about how that would go down. You don’t want to get tricked. Cause these insurance companies do everything they can to try to prevent paying you out in their claims. And so they’re looking for ways to minimize the amount that they’re going to pay up.

The Third Tip

Get diagnosed with any injuries that you have. So what this means is that if you have an injury, just don’t sit on it and assume that the insurance companies gonna give you credit for that injury based on what you tell them. You need to have a professional doctor diagnose that. So you might have to make an appointment with your primary care doctor.
If you’ve already been to the hospital have referrals that you need to follow up with and get those scheduled. That’s very important.

The Fourth Tip

Follow your doctor’s orders for your treatment. So this seems like this would be self-explanatory but it becomes difficult with people that are in injuries and car accidents. That’s because they have a lot going on. What you want to do is make sure you follow up with all of your doctor’s orders.
You do the treatment that they’ve recommended. You make sure that you go to all your appointments and try not to miss them. If you need to get transportation in line. you got to try your best to get that worked out. Or, work with someone who will help you get that done. Because it’s important to make all those doctors appointments.
Remember, you’re going to be ordering your records and you want to have a full set that shows all your progress.

The Fifth Tip

Get all your full bills and records. Now remember, most of these first ones that I’m going over, you don’t need an attorney for these. There are cases where you may need an attorney to get involved. But these initial steps are all steps you could do to help you make sure that you’re on the right track, right off the bat. So, the fifth step. Get full bills and records.
So after you’re done treatment or after you get out of the hospital. You wanna go to the provider and request from them your full bills and records. Get those in and it can take some time. Get them organized and make sure you have those all in your file and ready to go. If you do already have a lawyer, there’ll likely be doing that for you. But if you’re trying to handle it on your own you wanna make sure that you are getting the full bills and the full records. And not just the records or discharge paperwork.

The Sixth Tip

Hire an expert to follow up with any deficiencies and outstanding issues in your case. If there’s a problem with liability you may need to get someone to review your police reports, go to the scene, do an accident reconstruction. If there are issues that you’ve had, preexisting injuries, or preexisting conditions, the insurance company is telling you. They believe the new accident didn’t cause them. You may need to have an expert get involved to actually give an opinion about whether those injuries were the result of the most recent accident or there’s some kind of preexisting condition.

The Seventh Tip

The seventh tip that I have. Once you have all this together, you make a demand on the insurance company. And typically you would just want to request a policy limit or an inflated amount that you believe covers all your medical records, pain and suffering, and a few future costs that you have. It’s sometimes easier to just ask for the full policy limits. Or a much-inflated number. You can put in there also some notes about what you’ve all been through and everything. And submit that to the insurance company.

The Eighth Tip

You want to follow that up with some kind of threat of a lawsuit. Understand that these insurance companies, if they see that you’re representing yourself, think that you may not have the bite that comes with them denying you your claims. So, you wanna threaten a lawsuit, and if you want to you can get an attorney involved at that point to write a letter for you to have that backing.

The Ninth Tip

Consult with an attorney regarding any timelines that you have. This may need to happen a little bit earlier because you want to know your statute of limitations. Every state is different. Some statute of limitations run after one year. Some two years, some shorter periods. So you wanna know exactly what you’re up against right off the bat. Remember you can just call a lawyer, ask them about how your case would play out in the future. Ask them about deadlines and any legal requirements that your case may have so that you know exactly where you are.

The Tenth Tip

Potentially doubling your claim is to work on your liens and your policy information with the insurance companies. There may be multiple policies, insurance policies that you can pursue. Or the individual individually. And you also have to worry about how the liens from the health care providers that you have. That’s something that usually if you have a lot of those, you want to consult with a lawyer. Because those can add up and you can save up a lot of money to get reductions in your bills from the liens. A lot of the medical care providers will come back and say because you got an injury settlement where you want to be reimbursed. Some of them legally you’re obligated to negotiate with them. Others, not. And so, that’s a very important aspect of the case that needs to be taken care of. So, I hope these tips helped you out. If you have any questions, you can leave them in the comments. Otherwise, if you have an urgent matter.

You can give me a call.

At Kelly Law Team.