We often provide clients with different fee options.  Many clients engage us on a contingency fee basis to handle their ERISA disability appeal.  Other clients engage us on an hourly basis, where they pay us for our time working on their appeal.  Once we decide to work together, we will agree to the terms of representation in writing.

How does it work if we use a contingency fee agreement for my legal fees?

Contingency fees are desirable to many clients with ERISA disability appeals because they don’t have to pay money up front, and they only owe a fee if we recover money for them.  Even then, the fee owed is only a percentage of the recovered money.  This provides peace of mind that they have excellent legal representation without the worry paying another bill out of pocket.  We find that this is important to clients who are disabled, out of work, and who are trying to survive without their wrongly denied LTD benefits.  The written agreement you sign before we begin working together will contain all this information.

How does it work if I pay my legal fees hourly?

We will keep track of our time for all the work we do in your ERISA case. At the end of every billing cycle, we will add up our time worked and apply a specific hourly rate. We will send you a statement giving you this information.

What will the agreement contain?

The agreement you sign will contain information about any fees that we charge and when payment is expected.  When we expect payment depends on whether it is an hourly agreement or a contingency agreement.

Are there other costs in addition to legal fees?

Yes, there are often other costs associated with making a claim or filing a lawsuit on your behalf.  Sometimes your doctors charge for records and reports.  We may need to hire experts on your behalf.  If we represent you in court, there may be court filing fees, process server fees, and other litigation costs.  For clients whom we represent on a contingency basis, we often advance the case expenses so that the client does not have to pay them out of pocket.  Our client then reimburses us out their share of the money we recover.  We never mark-up case expenses.

Who will pay these other costs and when?

This depends on your particular case and the fee agreement we enter into with you. In some situations, you will pay these other costs as they arise. In other cases, these costs will come out of the settlement proceeds at the end of the case.
For a free case evaluation, and to discuss fee options for your ERISA disability case, call Chisholm Chisholm & Kilpatrick LTD today at 401-331-6300.

« Return to the ERISA & Insurance Litigation Resource Center

Related Pages