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.