How Contingency Fee Arrangements Can Create Win-Win Situations

Serious Injuries Lawyer in Phoenix, AZ If you’ve been harmed in a motor vehicle accident in Arizona due to the negligence or wrongful misconduct of another party, then you may be entitled to significant compensation under the law.  Litigation can be an overwhelming prospect for first-time plaintiffs, however. As you begin to explore your options for litigating a motor vehicle accident claim, or any other personal injury claim, you may be somewhat confused by “contingency fees” and what it means for your case.  First-time plaintiffs are often unfamiliar with the contingency fee dynamic. Not to worry!  Let’s explore the basics to clarify the essential elements of a contingency fee arrangement. What is a Contingency Fee? Typically, plaintiff’s-side personal injury litigators are paid on contingency, not through an hourly or flat fee.  Contingency fees are rather straightforward — the litigator does not get paid unless they help you secure compensation, whether through a negotiated settlement or a favorable case verdict. So, for example, if you take your case to trial and “lose” the case, failing to secure any compensation, then you will owe nothing to the litigator.  On the other hand, if you do secure compensation, then you will owe the litigator a percentage of the overall recovery. Contingency Fees Create Favorable Dynamics for Plaintiffs Contingency fees are positive for most plaintiffs, and for a number of reasons.  First off, most plaintiffs do not have the funds (or willingness) to sustain long-term litigation against a defendant when the result is uncertain.  […]

Damages for the Loss of Domestic Services

Wrongful Death Lawyer in Phoenix, AZ If your loved one has died due to the negligence, recklessness, or intentional misconduct of another party, then the state of Arizona may give you a legitimate right of action for wrongful death.  Wrongful death litigation is critically important, as it gives the surviving family members of the deceased an effective tool for securing the compensation they need to cover their various losses. Here at Hirsch & Lyon, we are compassionate advocates that understand the many challenges that families face in the wake of their loved one’s death.  It is perfectly normal to feel trepidation about moving forward with litigation.  We encourage you to contact us to learn more about what wrongful death litigation entails, and how we can help. Understanding Wrongful Death Damages Wrongful death damages are paid out to cover the losses sustained by the surviving family members of the deceased — not the losses sustained directly by the deceased individual themselves. For example, if your spouse dies in a car accident caused by a drunk driver defendant, you would be entitled to bring an action for wrongful death damages that account for the losses that “you” (as the surviving individual) sustained in the wake of their death, which may include the loss of their financial support, loss of guidance, loss of marital companionship, and the loss of domestic services and support. The Loss of Domestic Services Domestic services are a form of support that is accounted for by Arizona courts in […]

Factors Contributing to Poor Road Visibility

Car Accident Lawyer in Phoenix, AZ If you’ve been injured in a motor vehicle accident — whether you’re a pedestrian, driver, or passenger — then Arizona law may give you a right to sue and obtain compensation for your various losses.  There is significant diversity from case-to-case in terms of the fact patterns and how the dispute must be litigated. In many cases, there are issues involving defects with the roadway itself (such as poor road visibility) that contributed substantially to the accident.  These defects can be influenced by a number of factors. Consider the following non-exhaustive list. Grading and Sudden Elevation Changes Sudden elevation changes can have an enormous effect on road visibility.  When a crosswalk is placed at a plateau between sharply-graded roads, then rising traffic may have their visibility significantly impeded. Elevation changes need not be sudden to have an impact, however.  Even roads with a more gradual vertical grade can influence visibility — for example, if a road is graded upwards at a low degree, this could have an inhibiting effect on drivers at a distance, preventing them from easily identifying crossing pedestrians further down the road.  With the assistance of a road safety expert, you can identify the potentially negative consequences of such elevation changes. Adjacent Property Interference Adjacent property can quite easily interfere with road visibility.  For example, if a home built next to a road has an overgrown tree in the yard that extends out into the street, then the branches might cause […]

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