How To Negotiate Lawyers Fee When Your Injured Child’s Claim Has To Be Represented?
Young children’s minds are still developing. They are not capable of using the judgment and experience that adults can to avoid situations that can cause serious and even potentially life-threatening injuries. If your child is ever involved in an accident that causes serious personal injury, hire a personal injury lawyer in Madera to help you win the settlement you and she deserves in court. Then read this article to learn how to negotiate attorney fees so that you don’t end up paying more than you need to when taking your case to trial.
The truth about legal representation for minors
Minors are not able to represent themselves in court because they don’t have the full cognitive capacity to do so. This is as far as the law is concerned. This is why you will need to hire a personal injury lawyer to defend your child in court. Don’t worry about an attorney trying to take advantage of you and your child. California has devised certain policies and laws that keep attorneys from taking advantage of child’s lack of mature cognition.
About personal injury lawyer fees
If your child does manage to win her case in court, a certain percentage of the settlement money will go towards paying her (and your) personal injury lawyer fees. Most attorneys establish these fees before they accept your case. They will have you sign a document that legally acknowledges that you understand and agree to these terms. However, sometimes with personal injury lawsuits, the attorneys will have you set up a special fund that will store contingency fees. The fees will be paid only after the lawsuit is won in court.
A court must approve the amount of money your lawyer will receive for representing your child in court. Additionally, the court must approve contingency fee contracts for your lawyer to receive any type of payment.
A shrewd lawyer could bleed your family dries financially when representing your child in court. American states recognize this and have imposed limits on the number of contingency fees your attorney can get if you win your case in court. This cap is generally 25%. The courts may raise the cap if your attorney can prove that he or she did an exceptionally good job in representing your child in court. However, this is rare.
The courts have the final say in determining the final fees your attorney will receive. This is the case even if you have previously signed a contingency agreement on behalf of your child. The courts have also introduced a new reasonable fee standard which will allow your child to keep most of her settlement money.
California has stipulated that the courts must approve all court costs other than attorney fees. California is no exception. Examples of litigation costs include:
● Filing fees
● Deposition costs
● Jury and witness fees
● Expert witness fees
● Copy fees
● Report and analytical costs
● Any and all other costs pertaining to the case
You can indeed get a fair settlement for your child.You don’t have to worry about all or even most of your child’s settlement money going to pay your attorney if you understand how attorneys can be compensated under California law.