Contingency Fees

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Law Offices of Kerner & Kerner, P.C. accepts virtually all personal injury cases on a contingent fee basis. The contingent fee is the most common form of payment arrangement for plaintiffs seeking representation in personal injury litigation. Instead of billing the plaintiff on an hourly basis, a contingency fee means we are entitled to a percentage of the settlement or trial award, usually one-third. If you do not receive any compensation for damages, our firm is not entitled to a legal fee. The contingent fee is perhaps the one device in law that gives injured people, no matter what their financial means, an even break in the courtroom against giant corporations and insurance companies. Were it not for the contingent fee, people of the middle class or of low economic means would not be able to have their day in court, a constitutional right which corporations and insurance companies fight hard to eliminate.

The "contingent" aspect of the fee means that if there is no recovery, there is no attorney fee owed. There are a number of advantages to this type of fee arrangement, the most obvious of which is the absence of a risk of owing our firm a fee when there has been no recovery. Another important advantage of this type of fee arrangement is the security the client should feel at knowing that Law Offices of Kerner & Kerner, P.C. has the same incentive as that of the client. The fact that we are willing to handle a client's case on a contingent fee basis is a reflection of the confidence in our ability to obtain a recovery in the case.

On average, the contingency fee amounts to one-third of the amount obtained for the client after out-of-pocket expenses have been reimbursed. The percentage is lower in medical malpractice cases, but slightly higher for cases that are valued at less than $34,000. Contingency fees are paid at the conclusion of the case, and only if there is a recovery for the client.

Payment of Costs

In connection with handling your case, it is virtually certain that Law Offices of Kerner & Kerner, P.C. will expend funds on your behalf in order to position the case for settlement and/or trial. Expenses run from fees to copy medical records, fees to file a lawsuit, transcript fees, court reporter fees, expert witness fees, and many others. In complex cases, out of pocket costs to prepare the case for trial can run into tens of thousands of dollars. In most cases, we will advance all of the out-of-pocket expenses to enable you to continue your case through trial. In very rare cases, a losing plaintiff may be responsible to also pay defense costs. N.Y. C.P.L.R. §8108 (2002).

Hiring a Lawyer

Before you sign any fee agreement, take time to consider whether you would be comfortable in working with this person as your lawyer. Ask yourself whether or not she or he gave you clear and direct information. Will they be available in an emergency? Consider if the attorney spoke knowledgeably and with a minimum of legal terms. Think about whether this lawyer understood and shared your goals. As a client will you be a co-participant or will the lawyer be making all the decisions? Did the attorney give you a phone number if you have an emergency?

The importance of creating a comfortable working relationship with your lawyer cannot be underestimated. The road to obtaining the results you are seeking may be long, and it will take a considerable amount of teamwork to get there. If you make the commitment to find an experienced lawyer with whom you can work jointly under a clearly understandable written fee agreement, you will be well on your way to the best possible result.

In all personal injury cases it is essential that measures be taken promptly to preserve evidence, investigate the accident in question, and to enable physicians or other expert witnesses to thoroughly evaluate all claims and injuries. If you or a loved one has suffered personal injuries, call Law Offices of Kerner & Kerner, P.C. now at 212-964-1098 or CLICK HERE TO SUBMIT A SIMPLE CASE FORM. The initial consultation is free of charge, and if we agree to accept your case, we will work on a contingent fee basis, which means we get paid for our services only if there is a monetary award or recovery of funds. Don't delay! You may have a valid claim and be entitled to compensation for your injuries, but a lawsuit must be filed before the statute of limitations expires.

The above is not legal advice. That can only come from a qualified attorney who is familiar with all the facts and circumstances of a particular, specific case and the relevant law. See Terms of Use.