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John K. Horany, P.C. will conduct a free initial telephone
or in-person consultation with you concerning your case. At
that time, we will discuss your situation, and your objectives.
After this initial consultation, we will meet in person to
discuss the financial aspects of the representation.
The Contract of Employment will be put in writing, and you
will have an opportunity to think about it and ask any questions
you may have. Personal injury and wrongful death cases are
usually handled on a contingency percentage basis - meaning
that the attorneys' fee will be a FIXED percentage of any
money damage recovery which is obtained. The client is obligated
to pay court costs and other case related expenses out of
their share of the recovery, if there is a recovery obtained.
If you would prefer to pay an hourly rate instead of the
contingency fee, those arrangements can be made. An initial
non-refundable retainer is required if the fees are to be
paid on an hourly, and not contingent, basis.
Case preparation may also include a comprehensive legal and
factual investigation, and after suit is filed, may be followed
by discovery depositions upon oral or written questions in
order to develop evidence in the case. These are examples
of the types of case expenses that are to be repaid at the
conclusion of the case by the client from the client's share
of the recovery, if there is a recovery of monetary damages
in contingency fee cases; otherwise to be paid as incurred
for hourly rate clients.
Contingency Fee
John K. Horany, P.C., represents the majority of its clients
on a contingency fee basis. This means that John K. Horany,
P.C. is only entitled to a contingent fee for work on your
behalf if, and only if, a fund of money is created for you
via settlement or a paid jury verdict. Another way to describe
the term is that the attorneys' fee is a percentage of what
you recover through settlement or a paid jury verdict. John
K. Horany, P.C. is only entitled to a fee for our work on
your behalf if, and only if, we make money for you via settlement
or a paid jury verdict. If you are not successful on your
claim, then you owe us nothing. There are no hourly fees or
up-front costs, unless you prefer not to utilize the contingent
fee. For example, if you can afford to pay an hourly rate
without any problems, perhaps an hourly rate may be more cost-efficient
for you, in certain circumstances.
As a general rule, the attorneys' fees amount to 33% - 40%
of the total recovery and are figured before any reduction
for expenses is made. However, there are some cases where
the percentage fee is less. For example, by law, certain cases
against the Federal government under the Federal Tort Claims
Act are limited to 20% fee prior to suit filing, and 25% thereafter.
A one-third recovery as an attorneys' fee is very standard
for the average personal injury case, however, in more complicated
cases such as medical malpractice or products liability cases
or other situations where a referral has been made, it is
also common to use a forty per cent fee.
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