Do clients have to pay court costs and case expenses on personal injury cases? Case expenses can take many forms. It can be medical expense payments to the doctor’s offices. It can be filing fees. And when a lawsuit is filed, it can be court reporter’s expenses or professional fees to expert witnesses. Some law firms do ask clients to put up money for case expenses. Our personal injury law firm never asks a client to put up money for case expenses or case costs. We advance those case expenses for our clients in every type of case we handle, which are all personal injury cases. At the end of the case, if and when we successfully recover for our clients, that case expense is recovered from the client’s recovery on the case or the client’s verdict.
Shapiro, Washburn & Sharp only practices personal injury law, and we only represent victims. Our clients pay no hourly or upfront fees, and we provide free consultations. Our firm does not accept every case, but when your case is accepted, you can rest assured you will get a rock-solid personal injury lawyer fighting for you to maximize your recovery. Call us today at 833-997-1774 for a free case evaluation.
What Do Damages Cover in a Personal Injury Case?
Under Virginia Code §8.01-243, when a victim is injured due to the negligence or recklessness of another party or parties, they are entitled to pursue damages against the at-fault party for the losses the injuries have caused them to suffer. These losses can include the costs of medical treatment, loss of income and benefits from being unable to work while they recover from their injuries, pain and suffering, emotional anguish, and more.
Depending on the circumstances of the case, these damages can be paid to the victim either through a settlement agreement with the at-fault party or their insurance company or awarded in a personal injury lawsuit.
What Does an Attorney’s Contingent Fee Cover?
Most personal injury law firms, including ours, work on a contingency fee basis. This means the attorney is only paid if they can obtain a settlement or a jury award for the victim. Usually, the attorney will receive approximately one-third of the settlement or award amount. This amount may vary depending on the type of case or other factors. The benefit to the client with a contingent fee structure as opposed to paying the attorney a retainer and/or hourly billing is that the attorney is only paid if they successfully obtain monetary damages for the victim.
How Are the Firm’s Cost of Pursuing a Claim or Litigation Covered?
The reality of pursuing a personal injury claim – whether through negotiations with the insurance company or litigating the case in court – is that there are expenses that arise for materials and other evidence that a personal injury attorney needs to prove the victim’s case. Some of these expenses include obtaining all medical records, medical consultations with the victim’s physicians, fees for experts that may be needed for information or to testify if the case goes to trial, witness fees for the victim’s physicians to testify during a trial, and court fees.
In many other types of legal cases, the client is expected to pay these fees upfront; however, in a personal injury case, the law allows the victim’s attorney to advance these expenses on their behalf. The attorney will pay for all these expenses and will be reimbursed the costs from any settlement or award the victim receives. If, for some reason, there is insufficient recovery amount or no recovery amount, the victim is not responsible for paying these expenses back. Instead, the personal injury law firm will write these costs as non-recoverable losses.
Who Pays the Medical Bills Incurred to Treat the Victim’s Injuries?
A victim should also pay all outstanding medical bills. Our personal injury law firm will try to negotiate to get reduced amounts. Under Virginia law, when a victim is injured because of the negligence of another party, and they receive medical treatment, these medical providers have a lien against any amount the victim may receive from the at-fault party.
The liens include $2,500 for hospitals and nursing homes, $750 for each physician, nurse, physical therapist, or pharmacy, and $200 for each emergency medical services provider.
Certain medical insurance providers have the right to recover the amount of benefits paid as a result of the negligence of a third party – ERISA plans, Tricare, Medicare, and Medicaid. Nonetheless, it is always best to use your own health insurance initially because these companies pay a lower contractual rate than the full price of services provided. However, our personal injury attorneys present the full bill to an insurance company or jury so the difference is to the benefit of the client.
What Should I Do If I’ve Been Injured in an Accident?
If you’ve been injured due to someone else’s negligence, the first step is to seek medical treatment. Once your immediate needs are addressed, contact an attorney specializing in personal injury cases to discuss your options.
At Shapiro, Washburn & Sharp, we have decades of experience handling personal injury claims. We understand how to navigate the legal process and work with you to maximize the value of your case. Call us at 833-997-1774 to schedule a free consultation, and let us help you get the compensation you deserve.