QUESTION
Do the losers of personal injury cases always pay for lawyers?
Asked on May 12th, 2015 on Personal Injury - Florida
More details to this question:
I got in an injury at work and a lawyer said that I might have a case. But if we went to court and I lost would I have to pay the fees for all the lawyers in the case? Do the losers always have to pay for both sides?
11 ANSWERS
Bankruptcy Attorney serving Madison, WI
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Richard B. Jacobson & Associates, LLC
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Not in most states, and not in most causes of action.
Answered on May 14th, 2015 at 1:31 AM
Chapter 7 Bankruptcy Attorney serving Syracuse, NY
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Andrew T. Velonis, P.C.
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I'm missing something here: you got an injury at work and your lawyer said that you "might" have a case? If you were injured at work, you DO have a case, it's called a worker's compensation case. Now you wonder, if you went to court and lost, would you have to pay the fees for all the lawyers in the case. Well, what was your lawyer's answer to that question? Did you ask the same question on this site a couple of days ago, or was that someone else?
Answered on May 13th, 2015 at 8:06 AM
No, if you retain a personal injury lawyer to represent you on a contingency basis, you will not pay anything unless you win. If that is the case, you will then pay attorney fees and costs out of your settlement or verdict amount.
Answered on May 13th, 2015 at 12:26 AM
If you were injured at work you would have a Workers' Compensation claim which is handled through that system and not a civil suit [your attorney's fees paid from any permanent disability award or settlement you get]. If some one else, not your employer or a co-worker, was responsible for your being injured, you can sue them in a civil suit. ?Each side pays their own attorney fees but the losing side has to pay both sides filing fees, deposition costs, and some other costs, but in general if the case is settled [85-95% are] those recoverable costs are normally forgotten. Moreover, the defense usually realizes the plaintiff has no assets so even if the defense wins the trial they do not try to collect from the losing plaintiff. You should have asked this of the attorney you spoke to.
Answered on May 13th, 2015 at 12:24 AM
1 Award
No. The winning side gets to take a judgment for taxable costs, which are limited to set sums of money, depending on the result of the trial. Wisconsin law does not require a plaintiff in a personal injury case to pay the actual attorney fees of the defendant[s].
Answered on May 13th, 2015 at 12:07 AM
Edwin K. Niles
No, but if the other side makes an offer of settlement and you reject it, and the jury gives you less than the offer, the judge has the power to make an order for you to pay the costs of defense. It is not automatic, but rather in the discretion of the judge.
Answered on May 13th, 2015 at 12:06 AM
Plaintiff Animal Bites Attorney serving Missoula, MT
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Bulman Law Associates PLLC
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The basic rule is everyone pays their own lawyer unless the lawsuit was frivolous or vindictive with no factual or legal basis. If the parties have a contract that says loser pays if there is a lawsuit, then loser pays.
Answered on May 12th, 2015 at 5:01 PM
James Eugene Hasser
Unless there is some special circumstance of which I am not aware, you do not have to pay the other lawyers fees. Good luck.
Answered on May 12th, 2015 at 4:57 PM
Personal Injury Law Attorney serving Naperville, IL
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Law Office of Barry R. Rabovsky
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The loser of an injury case does not have to pay the other side's attorney fees.
Answered on May 12th, 2015 at 4:27 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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Ask the lawyer you are conferring with. He has the facts.
Answered on May 12th, 2015 at 4:26 PM
Automobile Negligence Attorney serving Orlando, FL
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Kelaher Law Offices, P.A.
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No; you have not been advised accurately.
Answered on May 12th, 2015 at 4:22 PM