Fees

Fee are paid only upon recovery in all of my practice areas. If you do not receive a recovery you do not owe a fee.

Fees are strictly contingent and set by statute. If you do not win, you do not owe a fee.

Fees in these cases fall into two categories: Claims that are won without having to go to Federal Court, and cases that are won after going to Federal Court.

If you win without going to Federal Court, I charge a fee of 25% of past due benefits with a maximum fee cap of $6,000.00 (or the statutory cap in effect on the date of the decision awarding benefits). These fees are set my statute.

If you lose your hearing, and if you lose at Appeals Council Review, there is a good possibility I will take your case to Federal District Court. If your case goes to Federal District Court, and if you receive a remand for rehearing, the Federal Government may be required to pay my fee for the time I spent representing you in Federal District Court. These fees are known as “Equal Access to Justice” (EAJA) fees. If you receive a Federal Court remand, I will request EAJA fees.

If after a Federal Court remand you win at a rehearing, I charge a fee of 25% of past due benefits with a fee cap of $6,000 (or the statutory cap in effect on the date of the decision awarding benefits). Basically, I charge the same fee you would have paid had you won without going to Federal Court.

If your case goes to Federal District Court and you receive a remand for payment of your benefits, I will request EAJA fee for the time I spent representing you in Federal Court, to be paid by the government. I will also request as much as a full 25% of your past due benefits without a cap, but offset by any EAJA fees that I might receive.

Fees are strictly contingent on your receiving a favorable outcome, either through mediation and settlement, arbitration award or jury verdict. If you do not receive a recovery, you do not owe a fee.

I charge 33 1/3% out of any recovery you receive if your case is resolved two weeks before trial or arbitration begins, and 40% out of any recovery you receive afterwards.

If your injury arises out of a landlord/tenant relationship, the landlord might be required to pay my fees. Please see my Premise Liability –Landlord/Tenant page fees.

If you have a motor vehicle injury that results in an underinsured or uninsured motorist (UIM) claim, and if this claim goes to arbitration, your insurance carrier may be required to pay my fee. Please see my Motor Vehicle Accidents – Uninsured & Underinsured Motorist page.

Fees are strictly contingent and set by statute. If you do not win your claim, improve your award, or reach a settlement, you do not owe a fee.

Fees are paid according to what occurs during the claims process. If your claim is denied and if you go to a hearing and win, the employer pays a fee set by the judge. If I help receive an increase in a disability award, I receive 10% of the increase. If you settle your claim, I receive a percentage of the settlement, 25% of the first $17,500 and 10% of each additional dollar.

A third –party claim is one that arises when you are injured at work due do the fault of someone who is not your direct employer. Fees are strictly contingent and set by statute. If you do not receive a recovery, you do not owe a fee.

Attorney fees are 33 1/3 percent of the full recovery.

After deducting attorney fees, the workers’ compensation carrier receives the lesser of: the amount of its lien or two-thirds of what remains. You receive at least one-third of what remains after attorney fees are paid or at least 22 percent of the full recovery. And, this is in addition to all workers’ compensation benefits you are eligible to receive.

In nearly all cases, I will incur out-of-pocket costs. These are not attorney fees, but are fees for such things as medical record duplicating charges, attorney/doctor conferences, treating doctor medical reports, forensic investigation, expert witness fees, filing fees, court reporting fees, arbitration and trial court fees, and so on.

I incur these expenses only when necessary to prepare properly. I am bound to follow Oregon State Bar ethical rules that require the client to assume responsibility for these costs if the client is able to pay. Therefore, I will bill for these costs but will not expect payment unless you can afford to reimburse me.