Wednesday, September 21, 2011

Lawsuits, Fees and Legal Funding

Whether you're a victim of a motor vehicle accident or your patent was infringed, you may file a lawsuit against the other party. Lawsuits are almost always differing and the fees that are charged vary. Before you decide to enter into a legal proceeding you should consider your chances of winning, the fees and whether it's worth your time and effort of pursuing a legal case against another.

If you were rear-ended in a car accident the likelihood of winning a lawsuit is in your favor. When a person is injured the lawsuit is filed as a personal injury lawsuit. These lawsuits can be handled by an attorney on a contingency fee basis. This means they work for free until compensation is awarded. If and when compensation is awarded you will pay the attorney a percentage of the winnings. This percentage will vary depending upon the attorney. For the plaintiff a lawyer hired on a contingency fee basis takes the pressure off of coming up with the fees that would accompany a lawsuit.

The fees for a personal injury case are much different for commercial litigation cases. There are very few attorneys that will work on a contingency fee basis for a business dispute. When a person enters into a commercial suit, more than likely they will front all the costs. These costs include reviewing the case, drawing up and filing the complaint, hiring expert witnesses, litigation and court costs. These fees will most likely be required before an action is completed.

Even before a lawsuit is filed the attorney will evaluate the legitimacy of the case. They will first determine if you have a case by reviewing the evidence. The evidence may include witness statements, police reports and accident reports, contracts, medical records and so on.

Lawsuits can cost a lot of money for both sides. If a plaintiff is paying out of pocket for legal expenses they should also consider other costs associated with the case. They will be forced to take time off of work to pursue litigation in the case. They may spend hours at the attorney's office or speaking to expert witnesses etc. This can equate to thousands of dollars of lost revenue especially if you're a business owner. Lawsuits can take years before a decision is made and costs tens of thousands of dollars in legal fees and lost wages.

If you decide to file a lawsuit there are certain steps that will be taken. When a person files a claim they will do so through a formal letter to the defense called the complaint. This document will outline the cause and damages resulting from the cause. An attorney may give a specific timeframe for the defendant to respond. If a settlement can't be reached during this stage a formal lawsuit will follow.

When a person decides to file a suit against another person they should have a clear understanding of the process and their expectations should be reasonable. If a case isn't settled it could take years before going to trial. You should allow attorney the amount of time needed to get a winning result.

If you decide to file a lawsuit and you can't afford to wait until compensation is awarded, you may be able to borrow against your lawsuit. Legal funding is used by thousands of people each year. Many of these people are forced out of work due to an accident. A person may be injured an unable to return to work. Some people may need to take time off at work for physical therapy which cuts into their hourly wages. If a person is considering settling for less because they can't afford to be out of work, they may use legal funding as a financial stop gap to an early settlement.

For additional information on the lawsuit process or if you're interested in receiving legal funding against your case, visit us on the web.

Josh Shores is a Director with LawLeaf, a lawsuit funding company.


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