Legal News
Blockbuster Plans September Bankruptcy
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American Apparel Faces Shareholder Suits
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Ambassador's Daughter Nicole John Falls to Death
Ambassador's Daughter Nicole John Falls to Death
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Gov Estimates 17 Million Drive Drunk Each Year
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What is A Contingency Fee?
What is A Contingency Fee?
What is A Contingency Fee?
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What is A Contingency Fee?
Contingency what? In addition to nearly impossible legal jargon, procedural issues, and procedural hoops, the various payment structures for an attorney is one more aspect that serves to confuse a layperson in trying to successfully maneuver through a legal issue. A contingency fee is the most common fee structure used in personal injury actions, but not necessarily the easiest to understand.
Flat fees, referral fees, consultation fees, statutory fees. The type of fee agreement you enter into with your attorney can have an impact on your recovery. So here is a little contingency fee breakdown. When compensating your attorney based on a contingency fee, their paycheck is contingent on you winning your case. Victory or defeat, the attorney typically will collect some expenses, but the contingency fee will be based on a previously agreed percentage of the recovery.
One-third is a common percentage, although some courts will place a cap on the amount of money an attorney can recover under this payment structure. The nature of a personal injury lawsuit lends itself nicely to this type of compensation in that clients who would not normally be able to afford a lawyer are able to get representation (and hopefully recover). It also works out nicely for attorneys who may see their fees soar for certain personal injury cases with big payouts.
Of course, there are some types of cases where this type of agreement is inappropriate. Divorce is one type of legal proceeding where courts are not necessarily trying to promote the dissolution of a marriage by allowing the lawyer to get a big payout for a large settlement. A contingency fee arrangement is also not available for most matters concerning general legal advice, or when an individual is getting sued.
No two fee agreements are exactly alike. And the sea of numbers and legalese is no excuse for not taking the time to understand the terms of the contingency fee agreement. One important clause to look at is when the lawyer is collecting his fee -- deducting trial costs and expenses before or after collecting a fee can have an impact on the amount that you recover. The best approach is to ask. If you do not understand a term or the nature of the fee, ask the lawyer to explain it to you.
Related Resources:
- Meeting With an Attorney (FindLaw)
- Attorney Fee Agreements (FindLaw)
- Types of Legal Fees (FindLaw)
- Personal Injury FAQs (provided by Bernard & Stuczynski)
- Personal Injury Newsletter (provided by Gorovitz, Borten, & Lang, P.C.)
15 Injured in JetBlue Flight 'Hard Landing'
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15 Injured in JetBlue Flight 'Hard Landing'
A JetBlue flight survived a hard landing at the Sacramento, California airport on Thursday, August 26. The plane, an Airbus A320, blew at least two of its tires when it landed at just after 1 p.m. (PST) coming in from Long Beach. Fifteen passengers were injured and many had to exit the aircraft via the emergency slides.
Witnesses looking out the window at the airport were surprised to see the passengers standing around the plane as fire trucks arrived, according to the report by the Associated Press. The wheels had caught fire during the landing, causing the tires to blow out. An AP report for CBS News quoted a passenger. "We were then told to start evacuating very abruptly, you know 'Get out! Get out! Get out!'" said the passenger, who identified himself as Elvis. "I looked back under the plane, and it was on fire, and all four tires were out."
The injuries to the 15 passengers who were hurt have been reported as minor. The AP/CBS report says an "incident command center" has been arranged for the passengers.
According to a report by the local ABC News station, News 10, it will take hours before the National Transportation Safety Board (NTSB) investigators have had the chance to check the plane before it is moved from the runway and the runway is cleaned and open to use by other flights.
The NTSB is an independent federal agency charged with investigating every civil aviation accident in the United States, even relatively minor accidents such as this one. The NTSB's jurisdiction additionally covers trains and other vehicle accidents. The Board is also responsible for issuing safety recommendations aimed at preventing future accidents, maintaining a government database on civil aviation accidents and conducting studies of transportation safety issues of national significance. One example of a recent investigation of the Board, was that into code sharing, reviewed in connection with the investigation over the crash of Continental Connection flight 3407 in 2009.
For now, the passengers of the Jet Blue flight are concentrating on completing their trips. The AP writes that any family and friends of the passengers who would like to contact JetBlue with questions can do so by calling 1-800-JetBlue.
Related Resources:
- 15 injured in hard landing at Sacramento airport (AP, Mercury News)
- Product Liability and Aviation Accidents (FindLaw)
- Aviation Accident -- Plaintiff (FindLaw)
- 2 Settle in Continental Flight 3407 Crash (FindLaw's Injured)
- Personal Injury FAQ (provided by Herrling Clark Law Firm Ltd.)
- Personal Injury Overview (provided by Gay Chacker & Mittin, P.C.)
Gov Estimates 17 Million Drive Drunk Each Year
Cupcake Lady Truck Seized by Philly Inspectors
Court Allows Hooters Weight Bias Lawsuit
The Florida Bar - Daily News Summary - Aug. 18, 2010
Cupcake Lady Truck Seized by Philly Inspectors
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Court Allows Hooters Weight Bias Lawsuit
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