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How much does a private party have to be "worth" in order for most tort attorneys to consider working on a contingency fee basis
Anonymous6 views6 answers
I am meeting with a couple of different attorneys this week regarding an intentional tort suit, and I'm trying to get a feel for how much the defendant/lawsuit has to be "worth" in order for most tort attorneys to consider working on a contingency fee basis? I do not know what the defendant's financial position is, but there are therapeutic aspects to the case as well and I want to pursue this. Hoping to get some numbers to give me some perspective.
Also, what is the average minimum amount of time it can take for civil tort suits? I've heard the max is around 5 years?
Ahmad Moosavi ShabaniCriminal Defense AttorneyPelham, AL ·
No attorney can come up with a figure with little facts provided. Your best bet is to go through your appointment with the lawyers and hear from them. ConsultTion is free and you can consult with as many lawyers as you may wish. However, attorney will be glad to take your case on contingency bases if you can show damages as a result of the other part's negligence or wanton conduct. Good luck!
There is no hard and fast number. It depends on the facts of the case. Same for the time it takes to complete. It depends on the venue, amount of witnesses, defense counsel, and about 100 other things.
The time can greatly vary depending on the specifics of your case. Some cases resolve within months, others take years (some even more than five if appeals or underinsured motorist coverage are involved).
Regarding the minimum amount needed for an attorney to take your case, that really depends on the attorney. A good rule of thumb is to ask whether your case is worth a decent amount of money then whether the defendant has enough assets to cover your case's value. Really tough question. You should probably call around to see what particular attorneys think.
Good luck!
There is no hard and fast rule, but it is generally difficult to reduce a judgement to actual dollars against a private party. Some intentional torts are covered by insurance if a defendant has an umbrella policy over their homeowners coverage. Some "intentional" torts may have a negligent aspect to them, triggering basic homeowners coverage. Additionally, a skilled attorney may be able to place liability on another party, such as an employer or parent, depending on circumstances. Attorneys will look at the likelihood of economic recovery - actual provable damages must be significant. "Sending a message" does not justify the expenditure of time or costs involved with litigation.
As my colleagues have stated, it really depends on the facts and on the lawyer. Was there a criminal conviction? That could encourage even a seasoned attorney (or a larger firm) to take the case even if damages are not that high. If you have a good case, and high damages and the other party has some assets, a home, a car, a moderate to high net worth then likely you will find an attorney to represent you. On the other hand, if the facts are iffy and the damages low and the party has few assets then you will have a harder time finding representation. Don't give up right away. There are a lot of attorneys out here and you only need one. Note also that time is of the essence as the statute of limitations will bar recovery if you do not file a suit before it runs. Good luck to you.
