Do the losers of personal injury cases always pay for lawyers? 15 Answers as of May 14, 2015

I got in an injury at work and a lawyer said that I might have a case. But if we went to court and I lost would I have to pay the fees for all the lawyers in the case? Do the losers always have to pay for both sides?

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Richard B. Jacobson & Associates, LLC | Richard B. Jacobson
Not in most states, and not in most causes of action.
Answer Applies to: Wisconsin
Replied: 5/14/2015
Andrew T. Velonis, P.C.
Andrew T. Velonis, P.C. | Andrew Velonis
I'm missing something here: you got an injury at work and your lawyer said that you "might" have a case? If you were injured at work, you DO have a case, it's called a worker's compensation case. Now you wonder, if you went to court and lost, would you have to pay the fees for all the lawyers in the case. Well, what was your lawyer's answer to that question? Did you ask the same question on this site a couple of days ago, or was that someone else?
Answer Applies to: New York
Replied: 5/13/2015
The Law Offices of Russell Gregory, P.C.
The Law Offices of Russell Gregory, P.C. | Russell Gregory
Please see my answer to a similar question, submitted a few days ago.
Answer Applies to: Michigan
Replied: 5/13/2015
Stephens Gourley & Bywater | David A. Stephens
Not always.
Answer Applies to: Nevada
Replied: 5/13/2015
Robinette Legal Group, PLLC
Robinette Legal Group, PLLC | Jeffery Robinette
No, if you retain a personal injury lawyer to represent you on a contingency basis, you will not pay anything unless you win. If that is the case, you will then pay attorney fees and costs out of your settlement or verdict amount.
Answer Applies to: West Virginia
Replied: 5/13/2015
    Law Offices of George H. Shers | George H. Shers
    If you were injured at work you would have a Workers' Compensation claim which is handled through that system and not a civil suit [your attorney's fees paid from any permanent disability award or settlement you get]. If some one else, not your employer or a co-worker, was responsible for your being injured, you can sue them in a civil suit. ?Each side pays their own attorney fees but the losing side has to pay both sides filing fees, deposition costs, and some other costs, but in general if the case is settled [85-95% are] those recoverable costs are normally forgotten. Moreover, the defense usually realizes the plaintiff has no assets so even if the defense wins the trial they do not try to collect from the losing plaintiff. You should have asked this of the attorney you spoke to.
    Answer Applies to: California
    Replied: 5/13/2015
    End, Hierseman & Crain, LLC | J. Michael End
    No. The winning side gets to take a judgment for taxable costs, which are limited to set sums of money, depending on the result of the trial. Wisconsin law does not require a plaintiff in a personal injury case to pay the actual attorney fees of the defendant[s].
    Answer Applies to: Wisconsin
    Replied: 5/13/2015
    Law Ofices of Edwin K. Niles | Edwin K. Niles
    No, but if the other side makes an offer of settlement and you reject it, and the jury gives you less than the offer, the judge has the power to make an order for you to pay the costs of defense. It is not automatic, but rather in the discretion of the judge.
    Answer Applies to: California
    Replied: 5/13/2015
    Bulman Law Associates PLLC Injury Law Firm
    Bulman Law Associates PLLC Injury Law Firm | Thomas Bulman
    The basic rule is everyone pays their own lawyer unless the lawsuit was frivolous or vindictive with no factual or legal basis. If the parties have a contract that says loser pays if there is a lawsuit, then loser pays.
    Answer Applies to: Montana
    Replied: 5/12/2015
    Ty Wilson Law | Ty Wilson
    Depends, ask your lawyer to explain. If it is a work injury it is workers' compensation you do not have to pay for the attorneys win or lose. If it is a third party personal injury matter you may have to pay if an offer of settlement/judgment has been issued by the other side. This is quite technical and does not happen in all cases, so if you have not filed suit, then there is no offer of settlement/judgment. Good luck.
    Answer Applies to: Georgia
    Replied: 5/12/2015
    James E. Hasser, Jr. P.C.
    James E. Hasser, Jr. P.C. | Jim Hasser
    Unless there is some special circumstance of which I am not aware, you do not have to pay the other lawyers fees. Good luck.
    Answer Applies to: Alabama
    Replied: 5/12/2015
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