Efficiency should benefit our clients. Therefore, on new cases accepted after May 1, 2011,
– if I find a serious injury or wrongful death case is appropriate for an early resolution track,
– if the client assists by gathering medical, insurance and police documents, and
– if there is a settlement within 60 days after delivery of a demand package to the insurer for the party at fault,
– then my fee will be limited to 20% of the gross recovery, plus reimbursement of out of pocket expenses.
That focuses attention on efficiently obtaining optimal resolution of cases that can and should be settled early, and provides the client an incentive to get to closure without great delay. If we can get there more efficiently, with less work and expense, the lower fee percentage is good deal for both the client and me.
If there is not a settlement within sixty days from delivery of our demand package, then our fee percentage will reflect the increased time and work involved — 33 1/3% before trial, 40% if we go to trial, and 45% if there is an appeal, plus reimbursement of out of pocket expenses.
This does not apply to cases that come in less than six months before expiration of the statute of limitations period, or to referral cases where we must share the fee with another attorney or law firm.
Of course, many insurance companies are slow to make any sort of reasonable offer and stubbornly resist doing the right thing, so most cases will not be resolved within that sixty day "early resolution" window. However, we will give it our best shot.
Ken Shigley‘s qualifications include:
- President-elect, State Bar of Georgia
- Certified Civil Trial Advocate of the National Board of Trial Advocacy
- "Super Lawyer" (Atlanta Magazine)
- "Legal Elite" (Georgia Trend Magazine)
- AV "Preeminent" – Listed in Bar Register of Preeminent Lawyers (Martindale)
- Author of Georgia Law of Torts: Trial Preparation & Practice (West 2010)
- Board member & faculty, Interstate Trucking Litigation Group
- Former chair, Georgia Insurance Law Institute
- Former chair, Southeastern Motor Carrier Liability Institute
- A trial attorney in Atlanta, Georgia whose practices focuses on representation of plaintiffs in high end personal injury and wrongful death cases. He has extensive experience representing parties in trucking and bus accidents, products liability, catastrophic personal injury, wrongful death, brain injury, spinal cord injury and burn injury cases.