
Personal injury law seeks to compensate victims who have experienced harm due to another party's negligence, but its focus should also extend to compensating injured parties who seek justice from civil litigation proceedings. Although people seek compensation in these suits, filing them can come with substantial financial obligations for both sides involved. This article details them.
Initial Costs and Legal Fees
Initial costs and legal fees can be one of the most significant financial factors for plaintiffs. A majority of personal injury lawyers work on contingency fees, meaning they only get paid when a settlement or court award has been won, thus relieving immediate financial strain from plaintiffs. Contingency fees generally range between 25%-40% of total recoveries depending on how complex the case is and whether trial proceedings take place.
Contingency agreements do not cover all of the legal expenses incurred during litigation. Plaintiffs remain accountable for costs out-of-pocket such as filing costs, court reporter costs, document preparation fees, expert witness costs, and those related to obtaining medical records or police reports. While some attorneys will cover these expenses when settling the case, others require them to be paid directly by plaintiffs.
Following an accident, medical expenses can quickly mount up. Medical bills may involve surgery, rehabilitation, and ongoing therapy services that need to be billed through health insurance, Medicare, or Medicaid. Oftentimes plaintiffs use this money in the short term while waiting to see how their lawsuit settles as reimbursement is due through Medical Liens.
Medical liens are used by insurers or healthcare providers to obtain a share of any settlement awarded to plaintiffs, potentially significantly decreasing the total compensation they will ultimately receive. Before receiving their remaining compensation, plaintiffs must negotiate or satisfy these liens before receiving payment for injuries sustained in an accident. It is wise for injured individuals to seek legal advice to ensure fair reimbursement terms are offered and to understand how liens work.
Time and Opportunity Costs
Pursuing a personal injury case requires time, energy, and dedication and has financial repercussions. Plaintiffs might need to attend multiple legal consultations, medical appointments, and court hearings. Any economic burden due to injuries felt directly by those unable to work can only add burden upon an already unmanageable situation. Additionally, legal procedures take up valuable time that would otherwise allow plaintiffs to focus on managing daily obligations or healing from injuries sustained in an incident.
Risk of Loss
Even when a settlement is reached out-of-court, every case carries with it an inherent risk of failure. Even when lawyers were paid contingency fees for representing plaintiffs in injury suits, certain costs may still fall on them and in certain jurisdictions, a court could order that any frivolous claims filed be paid for by their opponent in exchange for payment of attorney fees in their defense if found to have been brought without good cause or for personal gain.
Financial Planning and Settlement Management
Once a case is settled and compensation awarded, it is the plaintiff's responsibility to carefully manage their settlement. Otherwise, large sums could negatively impact tax obligations, and public benefit eligibility or lead to long-term mismanagement of funds. Consulting a financial adviser or creating a structured settlement is recommended in order to maximize recovery while using it to address future needs.
Injury Law's goal is to aid injured parties in recovering damages. However, plaintiffs should understand their financial obligations when filing a lawsuit, such as legal fees, medical costs, and time expenses associated with filing suit. Consulting experienced legal and financial professionals will assist plaintiffs in better navigating this process and securing fair compensation that meets long-term needs.
For inquiries related to traffic accident laws or injury laws, or to hire an accident attorney, contact the legal professionals of Bautista LeRoy LLC through this number 816-221-0382 or email them at [email protected]. Serving Kansas City, MO and KS as well as surrounding areas of Benton County and St. Louis.
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