In practically every circumstance, the issue arises: How can I afford to be involved in this injury lawsuit? Both plaintiffs (the ones who file the injury lawsuit) and defendants ask this question (those being sued).
If you’ve been hurt and someone else is at fault, you may suffer financially as well as physically such as lost wages, medical bills, property damages, and other expenses related to the accident. Your first step should be hiring an experienced personal injury lawyer. They will help you get the best possible settlement from the insurance company and may take the entity that hurt you to court.
Injury Lawsuits in Texas
In Texas, attorneys’ fees can be granted in three ways: by statute, by contract, and/or by equity.
Contract disputes under Chapter 38 of the Texas Civil Practice and Remedies Code, insurance disputes under the Texas Insurance Code, and consumer lawsuits under the Texas Deceptive Trade Practices Act are all examples of statutory bases.
A contractual basis is one in which the parties have incorporated wording into their written contract that allows one party – the winner, though I suppose they might provide for both parties regardless of the outcome – to recover fees or fess up to a specified sum. Finally, the Texas Declaratory Judgment Act provides an equitable foundation for awarding a reasonable and equitable sum to the victor in a disagreement over contractual parties’ rights claims.
The tort claim is noticeably absent from the actions allowing attorney’s fees to be recovered. A tort suit occurs when a plaintiff is the victim of a civil wrong that results in loss or harm and exposes the wrongdoer to accountability as a defendant. Personal harm resulting from a car accident, fraud, defamation, assault, and a variety of other mishaps or wrongdoings are all common torts. A contract violation isn’t on the list.
Payment for legal services must be agreed upon between the attorney and the client, and it must always be in writing to avoid ethical concerns and a disagreement between the parties. Many of your tort matters are handled on a contingency basis. In a contingency fee agreement, the attorney often pays for expenditures up front –– and the attorney is paid solely on the basis of the outcome.
In other words, if the plaintiff wins, the attorney receives a share of the settlement, which is often between 33 and 40 percent. Because the attorney is paid for time and effort, a contingency fee structure assures that the attorney is both frugal and continuously analyzing the possibility of success. Many individuals and small businesses simply cannot afford to pay by the hour, which drives up the expense of litigation, so contingency fee compensation arrangements are negotiated.
Concerns for Injury Lawsuit
When the parties anticipate that a legal issue may take a while to resolve, contingency fee billing is often used. Again, the contracting parties are free to use their imaginations, but it is always vital to put it in writing so that there are no misunderstandings about the attorney’s and his or her client’s rights.
When the lawsuit begins, make sure there are no unresolved concerns between you and your attorney. Your attorney/client relationship must include a contingency versus hourly fee structure, which must be in writing.
Contact Us For A Free Case Evaluation
The attorneys at McKay Law focus their practice on aggressively representing the victims of 18-wheeler and tractor-trailer truck accident cases throughout East Texas, including Sulphur Springs, East Texas, and statewide.
If you have a family member or loved one you believe has been injured or fallen into poor health as a result of an accident, contact McKay Law to review your case and learn if you have a viable cause of action against the negligent party, property owner, the person causing the accident or the insurance carrier.