Maybe. It will depend on the likelihood of getting money. If the dude has no insurance that covers punching people (he doesn’t) and has no significant assets, then in all likelihood the lawsuit will lead to a judgment but no money. If that is so, then most lawyers will not take the case on a contingency because they will never get paid.
Unless there is more to the story, there is unlikely to be enough of a payday to make it worth a lawyers time to take the case on contingency.
That’s the bad news. The good news is that – again, unless there’s more to the story – you can sue him in small claims court where you don’t need a lawyer. (In many States, lawyers are not even allowed)
Richard
you can probably hire a lawyer on a contingency basis (usually this means that the lawyer will work for free, but take 1/3rd of whatever money is brought in)
no call your local legal aid they will assist you in finding a lawyer hat works on cases that they wil get a share of you re settlement usually 33% if they go to court or 25% if they settle out of court good luck
First, if the person who hit you has a house, they will have home owner’s insurance, so there are pockets. Ask some friends who have been hurt. To find an attorney ask around. Look through the phone book. They will talk to you free. Attorney fees vary. The old 1/3rd is an estimate. If it goes to trial, most civil attorneys charge 40 percent. Expenses are taken off the top. Example only: 1/3rd fee. $100,000 settlement. Expenses $10,000. Lawyer paid them up front. (depositions, investigation etc.) So there is $90,000 left, Lawyer gets 30,000k and client $60,000.
Hope that helped.
If you have a winnable case for a substantial amount of money against a defendant who has assets available to satisfy the judgment, your attorney may offer you a contingency contract. That means that you do not pay your lawyer. Your lawyer gets paid only if you win and, even then, only when your lawyer actually collects money from the defendant.
Consult your attorney to see what can be proven and what might be collected.
If you do not have an attorney, use the lawyer referral service at your state bar association’s website.
February 27th, 2010 at 6:33 am
Maybe. It will depend on the likelihood of getting money. If the dude has no insurance that covers punching people (he doesn’t) and has no significant assets, then in all likelihood the lawsuit will lead to a judgment but no money. If that is so, then most lawyers will not take the case on a contingency because they will never get paid.
February 27th, 2010 at 10:38 am
Unless there is more to the story, there is unlikely to be enough of a payday to make it worth a lawyers time to take the case on contingency.
That’s the bad news. The good news is that – again, unless there’s more to the story – you can sue him in small claims court where you don’t need a lawyer. (In many States, lawyers are not even allowed)
Richard
February 27th, 2010 at 4:33 pm
you can probably hire a lawyer on a contingency basis (usually this means that the lawyer will work for free, but take 1/3rd of whatever money is brought in)
February 27th, 2010 at 11:04 pm
no call your local legal aid they will assist you in finding a lawyer hat works on cases that they wil get a share of you re settlement usually 33% if they go to court or 25% if they settle out of court good luck
February 28th, 2010 at 5:50 am
First, if the person who hit you has a house, they will have home owner’s insurance, so there are pockets. Ask some friends who have been hurt. To find an attorney ask around. Look through the phone book. They will talk to you free. Attorney fees vary. The old 1/3rd is an estimate. If it goes to trial, most civil attorneys charge 40 percent. Expenses are taken off the top. Example only: 1/3rd fee. $100,000 settlement. Expenses $10,000. Lawyer paid them up front. (depositions, investigation etc.) So there is $90,000 left, Lawyer gets 30,000k and client $60,000.
Hope that helped.
February 28th, 2010 at 7:37 am
If you have a winnable case for a substantial amount of money against a defendant who has assets available to satisfy the judgment, your attorney may offer you a contingency contract. That means that you do not pay your lawyer. Your lawyer gets paid only if you win and, even then, only when your lawyer actually collects money from the defendant.
Consult your attorney to see what can be proven and what might be collected.
If you do not have an attorney, use the lawyer referral service at your state bar association’s website.