What is a contingency legal fees?For most personal injury lawsuits, our law firm will proceed on what is called a Contingency Fee basis. This means you will only be required to pay a legal fee to our firm in the event that money is collected on your behalf. This fee will be based on a percentage of the net recovery as described by the New Jersey Court Rules, which govern our practice, specifically, R. 1:21-7(c). This net recovery is the total recovered on your behalf minus your costs and expenses and minus any interest included in a judgment, pursuant to R. 4:42-11(b).
The fee will be as follows:
33+1/3 % of the first $500,000.00 net recovery;
30% of the next $500,000.00 net recovery;
25% of the next $500,000.00 net recovery;
20% of the next $500,000.00 net recovery.
Fees on net recoveries exceeding $2,000,000.00 will be determined by the Court.
There is a reduced fee for infants and incompetents.
If I am being sued and I have insurance coverage, will I lose my personal assets?Each situation is different depending upon factors such as teh amount of the insurance coverage, the value of the suit filed against you and the opposing attoney and party. Please feel free to call for advice on any particular situation.
How long will it take from the time a lawsuit is filed until we go to trial?Typically it will take over a year, unless you file a suit in small claims court or unless we enter into a favorable settlement early in the litigation. The more complex cases are granted more time to prepare their case for trial. Extensions are frequently sought and granted by the courts. Thus, it could take two or more years.
How long do I have to file my case?Generally, you have two years from the date of the wrongdoing in which to file a lawsuit involving claims for personal injury or your claim will be forever barred by the Statute of Limitations. However, this two year time period sometimes varies. There are exceptions in other types of actions, such as liable, slander or contract disputes which will have different Statutes of Limitations. Feel free to call us if you need additional information.
How much is my case worth?Each individual case is different. Case value can depend upon a variety of factors and as such there is no standard answer. However, our vast litigation expertise enables us to provide guidance as to the value of your case.
What are the chances of my case settling before trial?Again each individual case is different and the possibilities of settling before trial vary depending on the circumstances of each case. Rest assured, however, Giblin, Combs, Schwartz, Cunningham & Scarpa will do everything needed to achieve an amicable and fair settlement on your behalf if one can be had.
Is this initial consultation privileged?Yes, the attorney/client privilege extends to any and all consultations. Even if it is later determined this office has previously represented another party, the firm is not allowed to share any information discussed with you during any consultations and in fact is not allowed to represent any other parties in any case you bring against them.