Thousands of American citizens are suffering from using harmful products. These range from defective drugs to cosmetics. For example, several women are currently battling cancer because of talcum powders. When issues like these occur, they turn to mass tort lawyers for help. Defective products can cause serious harm. Victims may require years of costly medical treatment, be left with a permanent impairment, or even die.
Mass tort lawyers get millions of dollars in settlements for clients. Unfortunately, though, many victims of defective products think they cannot afford lawyers. However, a drug liability claim is dead on arrival without a good attorney.
In this article, we explain how people without sizeable funds can hire a mass tort lawyer.
What if I Don’t Have Money for a Mass Tort Lawyer?
The effects of defective products, especially, bad drugs are often far-reaching. Usually, victims spend a lot of money treating the consequences of these products. So, they may think they don’t have the resources for an attorney. A lack of funds shouldn’t hinder a defective product victim from hiring a lawyer, though.
Firstly, hiring a mass tort attorney is your best chance of getting any compensation. Secondly, you can work with an attorney without paying anything out-of-pocket. This is because many lawyers work on a contingency fee basis.
What Is a Contingency Fee Agreement?
A contingency fee agreement is where you only pay the attorney when they win your case. Notably, this win could be a settlement or a court judgment. So, suppose your mass tort lawyer doesn’t win your claim. Then, you wouldn’t have to pay for their services. This means that the lawyer’s fees are contingent on winning your claim. Hence, this is called a contingency fee arrangement.
Contingency fee agreements allow parties without extensive funds to file lawsuits against wealthy defendants. Furthermore, it serves as the lawyer’s motivation to win. The mass tort attorney knows that they won’t get their fees if they lose. This then makes them give the case their best.
How Much Does the Mass Tort Lawyer Take?
Contingency fee agreements don’t mean that the lawyer takes a random amount after winning the case. Instead, the lawyer and client agree on the fee in the contract of representation. Usually, this fee is a percentage of the case’s winnings. The figure is usually around 30-40% of the recovered sum. Usually, many lawyers peg their fee at 33%.
Therefore, suppose you recover $100,000 from the drug’s manufacturer. Then, you’ll have to pay your attorney $33,000. The contingency fee agreement will also specify which part of the recovered sum the lawyer deducts their fee from. For example, it could provide that the attorney takes their percentage from the net proceeds. Conversely, the contract could state that the lawyer gets the percentage from the sum left after the litigation costs.
Who Pays the Case Cost?
An attorney’s fee is one thing. However, the cost of bringing the case is another. These litigation expenses would include:
- Printing and copying of trial documents
- Court filing fees
- Expert witness expenses
- Postage fees for serving documents on the defendants
- Other legal expenses
These may seem like insignificant sums. However, they aren’t minor expenses. Therefore, it’s crucial to ascertain who bears this cost in the contingency fee contract. The agreement should specify if you’re to pay these fees upfront. Conversely, it could state that your attorney bears the expenses. Then, they can recover the sum after the case too.
Can Judges Reduce the Contingency Fee Amount?
Yes, a judge can reduce how much your lawyer takes on a contingency fee basis. However, judges typically avoid this path. This is because the CFA is a contractual agreement. So, the law will ordinarily respect the wishes of the contracting parties. The court can find an agreement to be unfair, though. It can order that the sum be reduced to a reasonable amount when it does.
Work With Our Mass Tort Lawyers!
Have you sustained any damages from using bad drugs or defective pharmaceutical products? If you have, then you may be eligible for compensation. You can sue and claim financial compensation from the manufacturers and other liable parties. First, however, you’ll need the best mass tort lawyers.
At Dalimonte Rueb Stoller, LLP, we can help you with your case. We’ve recovered millions of dollars in damages for our clients over the years. We can also get you the money that you deserve. Furthermore, you can hire us on a contingency basis. You pay nothing if we lose. So, it’ll be best to call us today for a FREE consultation.