By proceeding beyond this point, you are acknowledging the terms and conditions of the express disclaimer, and are agreeing to those terms and conditions.
The phrase "no fee if no recovery" means that the attorney will handle the matter on a "contingency". A "contingency fee" means that the lawyer will take a percentage of whatever that attorney recovers on your behalf. Most contingency fees are between 25-50%.
An important consideration, however, is the payment of the Court Costs and Litigation Expenses. An attorney is permitted to ADVANCE these expenses, but the CLIENT is ultimately responsible for their payment. This means if there is no recovery, you could still face thousands of dollars of expenses. An attorney is not permitted to pay these expenses, and any attorney that promises to pay them should be reported to the Oklahoma Bar Association, Office of the General Counsel.
Actually, it isn't that much. My experience is that most clients end up with more in their pocket with the use of an attorney. This is because personal injury attorneys know a variety of sources of compensation that are not mutually exclusive. For instance, suppose your health and accident insurance pays 80% of your medical bills. Does this mean that the negligent party is only responsible for the remaining 20%? No! the negligent party is liable for ALL the damage done, regardless of other insurance coverage.
An attorney is not entitled to a percentage of the amounts paid by your health insurance. The attorney is entitled to a percentage of other sums collected from the negligent party, his/her insurance, or your "MedPay" or "Uninsured/Underinsured Motorist" coverage.
Can I choose who repairs my vehicle and which doctors I use?
Absolutely! Insurance adjusters have been known to tell people that they MUST use a particular doctor or vehicle repair shop. The only criteria for recovery is that the work done must be "reasonably necessary" and that the fees charged cannot be excessive for the service rendered.
There is no set answer to that. Your health and accident insurance is the best place to start. Keep in mind that if your health insurance pays all your medical bills, or if you have signed a "subrogation agreement", you will probably have to repay those amounts to the Health Insurance Carrier. This amount can be negotiat4ed sometimes.
Secondly, be wary of solicitations. Some doctors have agents scour accident reports and mail a solicitation to injured persons, promising to withhold collection until the claim settles. These doctors often charge fees exceeding what is reasonably recoverable. Insurance companies stay well aware of what local juries award and what they do not award, and unfortunate cases have occurred where the recovery was less than the total bills. Discuss this openly with the Doctor in the first visit, and be satisfied with the answer before you sign anything or authorize treatment. Ask the Doctor if his/her fees will be discounted if the ultimate recovery is less than the total bill.
Some claims take longer to settle than others. If medical care providers start sending collection notices, contact the provider and ask if they will utilize a lien rather than a collection procedure. The lien form can be sent by the provider to the Liability Insurer to assure that the amounts are paid.
Most importantly, be intimately familiar with your own condition and treatment. The surest way to maximum recovery is to fully understand what is being done and why.
Choosing an attorney is more art than science. Start by asking friends and family to make recommendations. If they recommend an attorney that handled their divorce or DUI, call the attorney to see if he/she also does personal injury work. If not, ask him/her for a recommendation.
Make personal contact with more than one attorney. Ask all the questions, no matter how silly you may think they are. After visiting with some attorneys, and making sure that you completely understand their fee arrangements and what is expected, follow your instincts.
The most important aspect of any attorney/client arrangement is the communication between the two. If you do not feel comfortable with the relationship, don't expect to get happier as time goes along. Will the attorney be handling the matter personally, or delegating it to an associate? If the matter will be delegated, ask to speak to the associate, and establish the relationship of communication that will follow.
If the question is related to Personal Injury Law in Oklahoma, you can e-mail me with the question, or call me at (918) 258-2711.