The Attorney Costs in a California Child Injury are usually Apart and Separate from the Attorney Contingency Fee
The attorneys costs associated with an injured child claim are a different matter. The term “costs” refers to those expenses that are incurred while investigating the injury claim and prosecuting it in court, if necessary. Examples of typical costs include expert fees, court costs (filing lawsuit and service fees), deposition fees, medical record retrieval expenses, and the like. In California, an attorney is permitted to advance all costs, and then deduct them from the client’s gross recovery at the conclusion of the case. This is crucial because it allows the client to hire an attorney without ever having to pay out-of-pocket fees—fees are paid only at the time of settlement, or when the verdict from a jury or arbitrator is delivered. Most experienced and reputable child accident attorneys will agree to advance costs in a case. There are some exceptions, of course, depending on the type of child injury case and the facts involved. Remember, as with the attorney contingency fee, in California the attorney costs are closely reviewed and approved by a California Superior Court judge. See California Family Code Section 6602; California Probate Code Sections 2644, 3601.55 See L.A. Super. Ct. Rule 10.79(c)(3). All courts in California consider the time expended and complexity of the case; but, generally, they will only approve a lower than normal percentage—hence, twenty-five percent is usually approved.
Mark C. Blane is a San Diego Child Injury/Accident Attorney and the managing lawyer of the Law Offices of Mark C. Blane, a San Diego, California Personal Injury Law Office dedicated to representing families of minor children injured due to the negligence of others. If you or a loved one, who is a minor child, has been injured or killed in a child accident in San Diego, please order your free copy of Mr. Blane's book, The 10 Secrets You Need To Know About Your Injury Case, BEFORE You Call A Lawyer. It is full of helpful information that will help you protect your legal rights and it normally sells for $16.95. However, it is free to all California residents, or those injured in a California accident. Also, you can check out Mr. Blane's book on California child injuries called Justice for the Injured Child available for sale; this book has become a California parent's legal survival guide to their child's California accident case.