CONTINGENCY FEE AGREEMENT

You may be surprised that at the conclusion at your first meeting, the attorney may ask you to sign a contingency fee agreement before leaving the office.

If you have never had to hire a personal injury attorney to represent you before, then you are probably wondering exactly what a contingency fee agreement is.

As a personal injury attorney with more than 25 years of experience, I would like to share a few things I think you should know before signing such an agreement.

1. What is a contingency fee agreement?

A contingency fee typically refers to a fee agreement where the attorney agrees to represent a client for a percent of the money recovered for the client. Thus in a contingency fee agreement, the attorney does not get paid for his work unless he is able to recover (get money) for the client. Contingency fee arrangements are common in automobile accident cases and other personal injury cases. I have always offered a contingency fee arrangement to my clients.

2. Is there any advantage to a contingency fee agreement?

One major advantage of a contingency fee arrangement is that if the attorney loses the case, then the client does not owe the attorney a fee. By contrast in the typical fee arrangement where you hire an attorney based on an hourly rate, you would be obligated to pay the attorney for his time regardless of the outcome. And, in most hourly fee arrangements, you are obligated to pay the attorney for his services on a monthly basis.

3. What percentage is typical in a contingency fee agreement?

The percent that an attorney will charge varies depending upon the nature of the case and the likelihood of prevailing. Complex and difficult cases often lead to a higher percentage being charged. The percentage charged can also vary from law firm to law firm. It is not uncommon to see percentages from 33 1/3% to as high as 50%. Keep in mind that there are other important factors to consider in choosing an attorney/law firm besides the percentage that they will charge you. Does the attorney have time to devote to your case? If the attorney is too busy with other cases, you may get passed off to an inexperienced attorney. Also does the attorney have significant experience with your type of personal injury case?

4. How are the costs associated with a personal injury case handled?

What are “Costs Advanced”?

In addition to the attorney fees for handling your case, there will also be costs associated with your case. For example there may be the costs of hiring experts, getting medical records, taking photographs, court filing fees, etc. Some, but not all personal injury attorneys will advance costs. This means the attorney will pay the costs as incurred while handling your case, but will require you to reimburse these costs at the conclusion of your case. This reimbursement is in addition to the attorney fees and are usually taken out of the monies recovered for the client.

However, some attorneys will require you to give them money in advance to pay the costs associated with your case or that you pay these costs at the time they are incurred.

I have always made a contingency fee arrangement available to my clients and have advanced the costs associated with their cases. Can you imagine how difficult it would be for an accident victim who is unable to work as a result of his or her injuries to pay an attorney for his or her services at the end of each month. Be sure that you fully understand the fee arrangement before you hire an attorney.

As reported by writer Bernard Harris this law also makes it illegal for a motorist to pass a bicycle only to make a right turn. This move is commonly referred to as a “right hook” by bicyclists, and often requires riders to hit their brakes to keep from running into the turning vehicle. A violation of the new law is a summary offense which carries a $25 fine plus costs. Bernard Harris also reminds us in his article that under state law bicycles are considered vehicles and as such are entitled to all the rights and responsibilities of any other motor vehicle on our highways including the obligation to obey all traffic signs and signals.

I believe that this law recognizes what bicyclists have known for years … that in any collision between a bicyclist and a motor vehicle, the bicyclist is at a much greater risk for serious injury than the occupant of the automobile. Read Bernard Harris’ complete article on this new law.

If you are a bicyclist injured in a collision with a motor vehicle, we strongly recommend that you immediately contact an experienced personal injury attorney so that they can advise you of your rights and take all steps necessary to protect your legal interests including the preservation of important evidence. Remember that initial consultations at our office are always free.

• Prohibit any driver from using an interactive wireless communication device (IWCD) to send, read or write a text-based communication while his or her vehicle is in motion.
• Makes a violation of this law a primary offense and provides for a $50.00 fine for anyone convicted of violating this law.
• Defines an IWCD as a wireless phone, personal digital assistant, smartphone, portable or mobile computer or similar device that can be used for texting, instant messaging, emailing or browsing the internet.
• Defines a text-based communication as a text message, instant message, email or other written communication on an IWCD violation.

Since a violation of this law is designated as a primary offense, a police officer can stop you for such a violation even though you have committed no other driving violation. However, PENNDOT’s website points out that the violation carries no points and will not be recorded on the driver’s license record of non-commercial drivers. Furthermore, the texting ban does not include the use of a GPS device, a system or device that is physically or electronically integrated into the vehicle or a communications device that is affixed to a mass transit vehicle, bus or school bus.

Although there has been much debate about the enforceability of this law, State Police Commissioner Frank Noonan was recently quoted as saying “Our Troopers will attempt to use observations of the driver while the vehicle is in motion to determine if traffic stops are warranted. An example might be the motorist continues to manipulate the device over an extended distance with no apparent voice communication.”

According to the National Highway Traffic Safety Administration, a majority of states and the District of Columbia all ban text messaging for drivers. Nine states, together with the District of Columbia and the Virgin Islands prohibit all drivers from using hand held cell phones while driving.

In 2010 alone, there were almost 14,000 crashes in Pennsylvania where distracted driving played a role, resulting in 68 deaths.

For more information on the Pennsylvania’s anti-texting law check out www.dot.state.pa.us and choose “anti-texting law”

Also, the restrictions on the number and age of passengers that may be in a vehicle operated by a person with a junior driver’s license has changed. As of December 27, 2011, the new law now requires that for the first 6 months after receiving their junior drivers license, a driver is not permitted to have more than one passenger under the age of 18 who is not an immediate family member in a vehicle unless they are accompanied by a parent or legal guardian. If the junior driver has not been convicted of any driving violations or been partially or fully responsible for a reportable crash after 6 months, they then may have up to 3 passengers under the age of 18 who are not immediate family members without a parent or legal guardian present. However, if they are convicted of any driving violations or partially or fully responsible for a reportable crash while a junior driver, they are once again restricted to the one passenger limit. These rules became effective as of December 27, 2011.

For more information about the new teen driver law,  click here.

Because having the right photographs is so important to your case, I strongly recommend that you immediately contact an experienced personal injury attorney to assist you. Not only will the attorney arrange for a professional photographer to get the appropriate photographs, the attorney will also determine what other experts should be involved in the initial investigation. And the attorney will take steps to make sure that important evidence is preserved or otherwise properly documented. For example an attorney may decide to save your vehicle because it may be needed to establish that the vehicle was defective.

In the event that your attorney is unable to immediately begin an investigation, including photographing your vehicle, here are a few suggestions for taking photographs of the damage to your vehicle:

1. Use a good digital camera.

Although most cell phones are equipped with cameras the quality of pictures taken on a cell phone is never as good as the photographs taken on a camera. Furthermore, most cell phones do not have any sort of true zoom function. Use a cell phone only if you don’t have a camera available.

2. Get the big picture first.

Start by taking an overall photograph of the part of the vehicle (front, back, side, etc.) damaged before taking any close ups of the damage. For example, once you have taken photographs showing the entire front of the vehicle, you can proceed to take close ups showing the specific damage to the front. Take multiple photographs of the same area of the vehicle from different angles with and without a flash. Also, you want to get photographs of the damage that isn’t readily apparent such as damage under the hood, in the trunk, under the bumpers, etc. It is a good idea to take photographs of all sides of the vehicle even though there is no physical damage to a particular side of the vehicle.

3. Don’t forget the interior of the vehicle.

Once you have photographed the exterior of the vehicle, take photographs of the interior area of the vehicle including the inside of the trunk or cargo area. Again, get the big picture first before taking any close ups. Try to take the photographs in a way that the damaged part is recognizable. Multiple photographs of the same area taken from different angles can help to illustrate the full extent or nature of the damage.

4. Miscellaneous photographs.

It is also a good idea to take photographs of the license plate on the vehicle, the inspection sticker and any other similar identification markings including the vehicle VIN number. Also save any Tom Tom, Garmin or other similar navigation device. Photograph any part of the vehicle that may be important to determining the cause of the accident.

5. Back-up any photographs.

Be sure to back-up any photographs taken on your camera. You never know when your camera might malfunction or break.

Remember that the proper documentation and preservation of evidence is extremely important to your case. Therefore, be sure to immediately contact an experienced personal injury attorney to assist you. While the pictures that you take may be helpful, only an experienced personal injury attorney knows what steps to take to preserve and document the evidence necessary to protect all of your legal interests.

Amazingly, per NPR, the robotic cars, also called autonomous cars or driverless cars, have managed to do this without a robotic car causing a single traffic accident. Google says that the only time one of their robotic cars was involved in an accident was when it was rear ended while stopped for a red traffic light.

Wondering what a Google robotic car looks like?

It looks like a Toyota Prius with a cone-shaped laser mounted on its roof and radar devices and cameras mounted on the sides of the cars. If you would like to see the car in motion, watch the video above.

According to Bruce Breslow, director of the Nevada DMV, these test vehicles will be given red license plates indicating a “student robot driver” is behind the wheel.

More information about the Google Robot Car is available here.

The following is a list of documents, etc. which you should try to bring to your first meeting with your attorney. You should bring as much of the information as you are able to collect to that initial meeting:

1. Police crash report/ police information exchange form.

2. Declaration page(s) for your automobile insurance policy in effect as of the date of the collision. (The declaration page is that part of the policy which lists the vehicles covered and amount of coverages). And if possible the actual policy booklet. (If you have more than one policy, bring this information for all policies.)

3. Any photographs you have of the vehicles involved, of your injuries, or of the scene where the collision occurred.

4. Any correspondence, forms, or other documents received from your insurance company or the other parties’ insurance company.

5. Any medical records, documents or bills related to any medical treatment you received for your injuries.

6. Names, addresses and telephone numbers of the physicians who have treated you for your injuries and for your family physician.

7. Any names, addresses or phone numbers you have for witnesses to this incident.

8. Any other information or documents that you believe would be helpful to your attorney.

The more information you are able to bring to your first meeting, the sooner your attorney will be able to thoroughly investigate your case. A prompt investigation can be the key to preserving important evidence concerning your case.

Similar documents will be helpful to your attorney in a work place accident, slip and fall accident, or an accident involving unsafe products.

Remember be careful not to talk to a representative of any insurance company or to sign or complete any forms without first consulting with your attorney.

In most accident cases the insurance company representing the at-fault party will immediately ask you to provide them with a description of how the incident occurred, what injuries you have suffered, and for authorizations to obtain all your medical records. This includes records unrelated to the injuries you suffered in the relevant incident. These authorizations can be used to obtain medical records of prior injuries or illnesses having no real relevance to the injuries suffered in the incident. For example, records relative to prior mental health issues or visits to a marriage counselor. Forms asking about how the collision occurred, what injuries you have suffered, and for other similar information are designed to get information from you that might be helpful to the other side. Often times accident victims unintentionally provide information that is incomplete or harmful to their case. We strongly recommend that you consult with an experienced personal injury attorney before signing or completing any documents presented to you relative to your claim for your injuries. Remember initial consults at our law office are free.

If at all possible, you want to get the names and addresses and telephone numbers of any witnesses to an auto accident. Unfortunately, witnesses will sometimes leave accident scenes before the police arrive. Sometimes the police may not realize that an individual at the scene is a witness and will fail to get the relevant information from that person A witness can often be a key to establishing how an auto accident occurred and who’s fault the accident was. Always check the area for witnesses and be sure to get their information.

The old saying that a picture is worth a thousand words certainly holds true in personal injury litigation. If you are in an automobile accident or other motor vehicle accident you want to be sure to get photographs of the damage to all vehicles involved in the collision and of the scene of the collision. You should also get photographs of any injuries that you suffered, including bruises, etc. Photographs can be extremely helpful in conveying the severity of a collision or of your injuries to the insurance company or jurors. Photographs can also help to document important information regarding how the accident occurred. Remember, most cell phones have cameras which can be used to take photographs. And, if you are unable to take the photographs yourself, ask a relative or friend to take photographs for you. Because the proper documentation of evidence (e.g. photographs of injuries) and the preservation of evidence (e.g. a defective air bag) is extremely important to any case, we strongly recommend that you immediately contact an experienced personal injury attorney so that they can make sure that any important evidence is preserved and/or properly documented.