Tim Rayne

Pennsylvania Car Accident & Personal Injury Lawyer

Tim Rayne

Pennsylvania Car Accident & Personal Injury Lawyer

Civil Lawsuits

What is a Contingent Fee in a Car Accident or Personal Injury Case?

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One of the most common questions I hear in my Pennsylvania Car Accident and Personal Injury law practice is What is a Contingent Fee and how does it work?

Traditional Legal Fees

Most of the time when you hire a lawyer to do legal work, the lawyer will charge by the hour.  In Chester County Pennsylvania, depending on the experience and skill of the lawyer, hourly rates can range from around $150 per hour for the least experienced lawyers to around $450 per hour for the most experience lawyers.  Lawyers also charge clients for any out-of-pocket costs in the case including court filing fees, expert witness costs, travel costs or any other expenses incurred in the case.

Law firms often require large retainer fees to be paid at the beginning of the representation.  Once the retainer is exhausted, they either require it to be replenished with another large lump sum payment, or they will bill the client monthly and expect the bills to be paid promptly in order to continue with the representation.

Contingent Fees for Car Accident and Personal Injury Cases

Luckily, lawyers offer another type of fee arrangement for Pennsylvania Car Accident and Personal Injury cases called a Contingent Fee Agreement.  With a Contigent Fee, the lawyer does not charge an hourly rate or require an up front retainer payment.  Instead, the fee is Contingent on the lawyer winning money for the client in a settlment from the insurance company or collecting a verdict after trial.  If the case does not end with a settlement or verdict, the lawyer receives no fee.

If the case is successful, then the lawyer receives a percentage of the client’s compensation, usually between 25% and 40% depending on the type and complexity of the case, plus reimbursement of any out-of-pocket expenses.

The Benefits of a Contingent Fee to the Client

The Contigent Fee is beneficial to the client for many reasons.  First and foremost, it allows the client to hire a lawyer with no upfront cost.  Second, there is no risk to the client.  If the case goes south and no compensation is awarded, then the client still owes no fee.  Instead, it is the lawyer who takes the risk of not being paid because the fee is Contingent on winning the case.  Finally, the Contingent Fee arrangement provides an incentive to the lawyer to produce the highest settlement or verdict possible for the client, since his or her compensation is based upon the results of the case.

Tim Rayne is a Car Accident and Personal Injury Lawyer with the Pennsylvania firm MacElree Harvey, Ltd.  For over 20 years, Tim has been helping injured victims of accidents understand their legal rights and receive fair compensation from insurance companies.  For a Free Review of your case, contact Tim at 610 840 0124 or trayne@macelree.com or check out his website at www.timraynelaw.com.  

 

Pennsylvania Statute of Limitations for Car Accident Cases

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Pennsylvania Car Accident Cases

One of the most frequently asked questions I get in my Pennsylvania Car Accident law practice is – What is the Pennsylvania Statute of Limitations for a Car Accident case?  The simple answer is that it’s almost always 2 years from the date of the accident.

However, that brings up another, more simple question, which is –  What is a Statute of Limitations and why does it exist?

Statute of Limitations = Out of time and you are out of luck

The Statute of Limitations is the time limit for bringing a legal claim.  In Pennsylvania, the right to make a legal claim for compensation in a car accident case arises on the date of the accident and almost always ends on the 2 year anniversary of the accident.  If the car accident victim waits even one day longer than the 2 year anniversary, all rights to compensation can be lost.

The purpose of the Statute of Limitations is to encourage people to present timely claims for compensation, while evidence is fresh and witnesses have a good memory of the events.  It protects defendants from stale claims for an accident that happened many years ago.

Please understand that there are certain exceptions to the 2 year Statute of Limitations rule.  For example, minors (children under 18) who are injured in Pennsylvania Car Accidents have until their 20th birthday to bring a legal claim under the reasoning that their 2 year statute shouldn’t start to run until they reach age 18.

In addition, if Limited Tort is involved, the Statute of Limitations for bringing a Car Accident Claim in Pennsylvania may extend beyond 2 years.

If you’ve been injured in a car accident, even though you likely have 2 years to present a claim, it’s important to get legal advice as soon as possible after the accident in order to protect your legal rights.  Don’t delay thinking that there is plenty of time.

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For advice on the Statute of Limitations in Pennsylvania or what to do after a Car accident, contact Pennsylvania Car Accident and Personal Injury Attorney Tim Rayne at 610 840-0124 or trayne@macelree.com.  For over 20 years, Tim has been helping injured accident victims receive fair compensation from insurance companies. 

Jury Awards $21.5 Million to Man Injured by Sliding Glass Door

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A Seattle, Washington jury has awarded a verdict of $21.5 Million to a man injured by being hit in the head by an automatic sliding glass door while a passenger on Holland America Cruise Line.  The verdict included a Punitive Damage award of $16.5 Million to punish the cruise line for what the jury found to be willful and outrageous conduct.

The purpose of a Punitive Damage Award in a civil lawsuit is to punish and deter the defendant for it’s outrageous conduct.  The award is meant to change the behavior of the defendant through a financial penalty.

There were several factors that made the Punitive Damage Award so high in this case.

First, even though the video of the incident showed the man being hit by the door, the cruise line tried to argue that he walked into the door.

Second, there were several other lawsuits involving similar injuries in which the cruise line also attempted to blame the victims.

Third, there were over a dozen prior injuries caused by the automatic sliding doors.

Fourth, there was expert testimony from the door manufacturer that the door sensors were set improperly to open and close faster than normal which was presumably done to save on air conditioning costs.

It is believed that the large Punitive Damage Award was given because Holland America refused to accept responsibility and blamed the victim as well as put its desire for profits ahead of its passenger safety.

Click here to read more about the Verdict or see video of the incident.

For more information on Pennsylvania Personal Injury issues, contact Tim Rayne at 610 840 0124 or trayne@macelree.com.

How Long Will It Take to Get to Trial in My Chester County Pennsylvania Car Accident Case?

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Chester County Car Accident
Historic Chester County Courthouse

Once a Car Accident Personal Injury Lawsuit is filed in Chester County Pennsylvania, it will usually take a year to a year and a half to get the case to trial in front of a judge or jury.

The first phase of the lawsuit in Chester County is the Pleadings Stage in which the injured party (Plaintiff) files a Complaint and serves it on the Defendant.  Then, the Defendant files an Answer and asserts defenses.  Finally the Plaintiff files a Repy to the defenses.

The second phase of a Car Accident Personal Injury Lawsuit in Chester County is called the Discovery phase.  In the Discovery phase, each side finds out details about the other side’s case and evidence so that the case can be settled before trial or, if trial is necessary, neither party will be surprised by any of the evidence.  The Discovery process starts with each side asking the other written questions in Interrogatories and requesting relevant documents in Requests for Production.  Usually, the Defense will also use Subpoenas to request all of a Plaintiffs medical records for both before and after the accident.  It’s also common for a Defendant to hire a Defense Doctor to examine the Plaintiff, review medical records and prepare a report regarding his or her opinions about what injuries Plaintiff sustained in the accident.  On the Plaintiff side, an expert doctor needs to be chosedn to testify and must prepare a report outlining the opinions to be offered at trial.

Once Discovery is completed, the Car Accident Case is listed for trial.  In Chester County Pennsylvania, the Court Rules presume that the Pleadings and Discovery will be completed by the one year anniversary date of the filing of the Lawsuit and the Case will be listed for trial at or shortly after that date.  However, the trial listing can be delayed if either the Plaintiff or Defense attorney asks the Trial Judge to enter a Scheduling Order to delay the trial.  Nevertheless, since the Trial Judges want to keep cases moving, it’s rare for trial to be delayed more than about 6 months.  So, in almost all Car Accident Personal Injury Cases in Chester County Pennsylvania, the case will be settled or go to a jury trial within two years.

Tim Rayne is a Pennsylvania Car Accident and Personal Injury Lawyer with Chester County offices in West Chester and Kennett Square Pennsylvania.  For over 20 years, Tim has been helping injured victims of car accidents receive fair compensation from insurance companies through settlements, mediations, arbitrations and jury trials.  Tim has been named a Top 100 Lawyer in Philadelphia and Pennsylvania by Super Lawyers.  Tim has a Masters Degree and is Board Certified in Trial Advocacy.  Tim is a lifelong resident of Kennett Square.  

Bruce Jenner Seeks Dismissal of Wrongful Death Lawsuit

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The family of Kimberly Howe, who was killed in the February 7, 2015 car accident on Pacific Coast Highway in Malibu, California involving Olympic champion and reality star Bruce Jenner has filed a Wrongful Death lawsuit against Jenner, who has fired back with a Motion to Dismiss the lawsuit.

In his Motion to Dismiss, Jenner’s lawyers assert that there is no legal standing to pursue the lawsuit because the Plaintiffs are grown stepchildren of Howe and were not dependent on Howe for financial support for the necessities of life. The Motion alleges that since Howe’s 57 and 60 year old stepchildren lived and worked out-of-state, they cannot claim that they were dependent on Howe for necessities of life, like food, clothing, shelter or medical care, and, therefore are not entitled to pursue a Wrongful Death lawsuit under California law.

The trial judge has not yet ruled on the Motion. My guess is that the Motion to Dismiss will be denied and the case will move forward. Stay tuned….

If this car accident had occurred in Pennsylvania, the family of Howe would have Wrongful Death and Survival Action claims against Jenner for many items of compensation including: medical bills, funeral and burial expenses, lost income, lost support and other damages.

For more information on Pennsylvania Car Accident or Wrongful Death Claims contact Tim Rayne at 610 840 0124 or trayne@macelree.com or check out Tim’s website at https://timraynelaw.com.

NFL Star Aaron Hernandez Faces Wrongful Death and Assault Civil Lawsuits

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Usually it’s difficult, if not impossible, to be successful in pursuing a Civil Lawsuit against the perpetrator of a Murder or Assault, but the case of former NFL star Aaron Hernandez is an exception.

In Pennylvania and other states, the perpetrator of a Murder can be sued for Wrongful Death by the victim’s family. The compensation to the family includes the money the person would have earned, compensation for lost contributions, medical bills, pain and suffering of the deceased and other items. Victims of a criminal Assualt can also file a Civil Lawsuit in Pennsylvania and other states for compensation for medical bills, lost wages, pain and suffering and other damages.

Nevertheless, it’s usually a waste of time and money to pursue these compensation claims since neither Murder or Assault are covered by insurance. Since they are intentional criminal acts, any insurance coverage of the perpetrator is excluded. This means that the only avenue of recovery for the victim or victim’s family in a Civil Lawsuit is personal assets.

Aaron Hernandez has been convicted of an execution-style murder and has been accused of another double shooting Murder. In addition, Hernandez is accused of shooting a friend in the eye after a night club argument. The Murder victims’ families have sued for Wrongful Death and the Assault victim has also sued for compensation.

Although any insurance Hernandez has will be excluded, he made millions in the NFL which should be available to compensate the families if Hernandez is found liable for the Murders and Assault.

For more information on Personal Injury and Wrongful Death claims in Pennsylvania, contact Tim Rayne at trayne@macelree.com or 610 840 0124 or check out his website at https://timraynelaw.com.