The Personal Injury Fee Agreement is essential when establishing an attorney-client relationship for personal injury cases in the United States. This document is typically used when an individual seeks legal representation following an accident or injury. It outlines the contingency fee structure (usually a percentage of the recovery), details the handling of case-related expenses, and specifies the scope of legal services. The agreement must comply with state-specific bar association rules, professional conduct regulations, and consumer protection laws. It serves as both a protective measure for all parties involved and a clear roadmap for the financial aspects of the legal representation.
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1. Parties: Identification of attorney/law firm and client
2. Background: Brief description of the accident/injury and client's intention to pursue legal action
3. Definitions: Key terms used in the agreement including 'Services', 'Contingency Fee', 'Costs', and 'Recovery'
4. Scope of Services: Detailed description of legal services to be provided by the attorney in pursuing the personal injury claim
5. Fee Structure: Contingency fee percentage, calculation method, and timing of payment
6. Costs and Expenses: Handling of case-related expenses and client responsibilities for payment
7. Termination: Conditions and process for ending the agreement, including fee calculations upon early termination
8. Client Rights and Responsibilities: Statement of client's rights and obligations under the agreement
9. Governing Law: Specification that the agreement is governed by US law and the specific state's regulations
1. Medical Records Authorization: Authorization for attorney to obtain and review medical records related to the injury
2. Lien Provisions: Handling of medical or other liens against any potential recovery
3. Multiple Client Provisions: Special terms and conditions when representing multiple clients in the same matter
4. Medicare/Medicaid Provisions: Special provisions for cases involving Medicare or Medicaid claims
1. Schedule A - Cost Schedule: Detailed breakdown of potential costs and expenses that may be incurred
2. Schedule B - Medical Authorization Form: Standard form for medical record release authorization
3. Schedule C - Client Rights Statement: Required statement of client rights under applicable state law
4. Schedule D - Fee Calculation Examples: Examples illustrating how fees will be calculated in various scenarios
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