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In personal injury cases, lawyers’ services are offered on a contingency basis, meaning the lawyers’ fees for representing their client will come from the final personal injury settlement. If a client doesn’t get a favorable outcome, then the lawyer collects no fees. The primary concern for most people when they consider hiring a lawyer is the expense. They wonder, “How much will it cost me to hire an attorney?” Here’s what you need to know before hiring a personal injury lawyer.
A law firm’s expenses to work on your case vary. Common expenses are related to the investigation and expert witness fees, such as:
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It’s important to point out that these costs, unlike the contingency fee, must be paid by your lawyer even if you lose your case. In this fee structure, all parties unequivocally agree beforehand to the sharing percentage. Therefore, it is unethical for a personal injury lawyer to create an agreement that insists on a higher percentage than initially agreed upon if the case succeeds.
Most personal injury lawyers shoulder the financial burden, pay all the fees and expenses upfront. Because of that, lawyers perform a comprehensive review of the facts to ensure that there is sufficient evidence to win compensation for their clients before accepting the case. This initial consultation is free of charge. At this meeting, we will ask questions about the circumstances leading up to and surrounding your accident and give you a general assessment of your case.
Before meeting with a lawyer for the first time, the State Bar of Texas suggests preparing a list of questions, such as:
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At Parker Law Firm, our contingency fee arrangement is calculated as a small percentage of the overall personal injury case settlement or verdict. This way, our clients can be assured that they’re getting the compensation they need to recover after an accident. Whether it’s a car accident or injury on the job that you need assistance with, don’t be shy about asking a lawyer up front about how he or she gets paid for their services. Remember, they are working for YOU.
A lawyer’s job in an injury case includes the determination of liability and checking the insurance policy. Most personal injury lawyers will ascertain answers to specific questions before taking a case, including:
You are at the best advantage if you hire a lawyer early in the settlement process for your personal injury claim. They can regulate communication with the defendant’s attorney or their paralegals to protect your rights and to ensure you are requesting the full amount of compensation you are due.
Separate Vs. Community Property
The first step in calculating your settlement request, you will want to include all monetary losses in your claim. This consists of money you have already paid or may still owe, as well as foreseeable expenses for medical treatment or lost income from not being able to work. In the rare instance that a client has any regrets or reservations about retaining our services, they are free to walk away within the first 30 days. We consider our relationships with clients to be our lasting legacy, and we take it seriously.
Do not be afraid to ask an attorney all of these questions up front. You should also interview a few different attorneys to find one that suits you best. Hiring an attorney for your injury case will be a big decision that you shouldn’t take lightly. To learn more about how to find the right attorney for you, check out one of Brad’s books by clicking here.One of the most complicated and contentious aspects of getting a divorce is deciding who gets what. The presumption under Texas law is that spouses are entitled to a “just and right” division of their assets. However, figuring out what exactly is “yours, mine and ours” gets tricky. Deciding what constitutes a “just and right” division can be even more complicated.
Regardless of the issues your divorce raises, our Austin property division lawyer can help you make help you come up with a solution that works for you.
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If you are considering ending a marriage, contact an experienced Austin divorce lawyer for guidance on the property division process. It is crucial to understand how property division is determined in Texas to protect your interests.
We believe in taking a practical approach to every divorce case we handle. We first listen to clients’ needs and only then propose a course of action that will address all of their concerns.
In some cases, the court will decide that equal division is what is just and right, but this is not always so.
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Texas is a community property state. In simple terms, this means that a couple’s assets and debts acquired during the marriage belong to both spouses. This is called community property. Community property must be divided and distributed by the court in a divorce.
All property is presumed to be community property until it is shown to be otherwise. If one spouse can provide clear and convincing evidence that some property is theirs alone, it becomes separate and not subject to division.
• Awarded to a spouse in a personal injury case during the marriage for damages, apart from any money for lost wages and medical expenses.
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Contrary to popular belief, community property division laws are not a blanket 50/50 rule where everything is split evenly between the spouses. The actual standard that courts apply is a “just and right” division.
There are four steps to dividing property in a divorce. First, each party must identify all the assets and debts that they have. Next, each item on the list is classified as either separate or community property. Then each item is assigned a worth based on its fair market value. While the Family Code requires that division be equitable, it does not have to be equal. Courts consider multiple factors when dividing a marital estate, which may influence how much each spouse receives.
Child Custody – Couples who share minor children will need to determine a custody arrangement after a split. Depending on how that is decided, the children’s primary caregiver might receive more community property to maintain a standard of living to which the children are accustomed.
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Disparity of Earning Capacity – If there is a large gap of economic opportunities available to the spouses, a disparity in incomes or a significant difference in earning capabilities, a court may award a large portion of the community assets to the spouse who will have a harder time making that money back after the divorce.
Education – Similar to differences in earning capacity, a disparity in the levels of education in the spouses will affect property division. For example, if one spouse has an advanced degree and the other does not, they will likely have far different opportunities in the job market.
Health – The physical health of a spouse may affect the division of the community estate, such as when one spouse’s health affects their ability to work and earn a living, and the other’s does not.
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Fault – When one spouse is at fault for the divorce, the court might grant the other a disproportionate share of assets. This could happen in cases that involve adultery, family abuse or domestic violence.
It can be difficult for a person who has taken an extended time away from their career to reenter the workforce. This is especially prominent when a spouse has been a stay-at-home parent while the other worked. Contributions to the marriage and family that are not financial are important and valuable. Their effect on the working spouse’s ability to work and potential harm to the non-working spouse’s future job prospects are both considered.
Two additional factors a court may consider when dividing property are waste and reimbursement. These factors consider the spending or sacrifice of one or both spouses.
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Sometimes, one spouse will spend community assets recklessly while a couple is considering or in the process of divorcing. This could be done out of spite, as an emotional reaction to the dissolution of the marriage or as an attempt somehow to get more of the property in the end. Whatever the reason for excessive or unnecessary spending, a judge could decide to award the other spouse a larger share of the divided property to make up for the loss.
If one party used their separate property funds to benefit both partners at some point, a court might award them more of the community property to compensate for their loss of separate property. For example, if one spouse used a large inheritance to purchase a house for the couple.
If you are considering filing for divorce in Texas, the process may increase in complexity if high-value assets like businesses and real estate are involved. The following guide outlines complex property division considerations.
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Divorce does not affect a creditor’s right to collect a debt. If one spouse is ordered to repay a debt that is in both names but fails to do it, the creditor can pursue repayment with the other spouse.
A couple’s marital
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