A qualified lemon law lawyer can
often settle a lemon law claim without the need to file a lawsuit.
What is often understood as “winning the case” by the
consumer at this stage is more commonly known to the lawyer as “settlement”
of the lemon law claim.
The need to escalate to filing a lawsuit can occur when the auto
manufacturer refuses the lemon lawyer’s demand for restitution
according to that state’s lemon law, and the consumer has
already fulfilled any procedures required in their state prior to
contacting the lemon law lawyer. Depending on the state’s
lemon law and what state requirements the consumer has previously
fulfilled, a lemon lawyer may be able to go directly to filing a
lemon lawsuit, and skip the legal demand. “Winning the case”,
as consumers often refer to in a lemon lawsuit, can be accomplished
by the manufacturer agreeing with the consumer and consumers lawyer
to a settlement of the case before trial, even during trial, or
by or a favorable judgment to the consumer in court after trial
by decision of a judge (bench trial) or jury.
A qualified lemon law lawyer in your state can explain this to
you in greater detail.
Lemon Legal Costs
Any given lemon law case has attorneys fees and
costs. What a case may cost you depends upon the attorney firm you
choose, and what their policies are, or as are negotiated.
Some states lemon laws allow for the recovery of attorneys fees
and/or costs. Some states do not.
There are numerous ways for lemon lawyers to charge for their services,
too many in fact to list here. Some include “retainer fees”
(money you give them in advance), or “billed fees” (pay
from billing invoices) or other negotiated forms of payment.
Depending on which state you live in, and the lemon lawyer you
choose, you may find the words “contingency fee” in
their legal services agreement or advertising. A “contingency
fee” case, in the broadest sense of the definition, is whereby
the lemon lawyer “takes” or “accepts” the
case, and his/her fees are contingent on a settlement, judgment
or recovery in the vehicle owners favor. The lemon lawyer is taking
the risk of advancing his/her billed time to pursue your lemon law
case. Some lemon lawyers will also advance costs of suit. Some will
not. Each state has it’s own provisions and rules for attorneys
fees.
An experienced lemon law lawyer in your state is best qualified
to discuss the topic of attorneys fees, as well as your states rules
and potential provisions for attorneys fees and such.
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