Attorney Fees & Costs

FEES AND COSTS when we represent you

Before hiring an attorney (or any professional) it's important to have an understanding of how that attorney expects to be paid for his or her

services. The attorney and potential client should also be clear on what kinds of out-of-pocket expenses for which the client may become responsible.

At PAUL M. ERSPAMER Law Offices, S.C., we understand that our clients in Workers Compensation, Personal Injury and Social Security Disability matters

are often dealing with painful medical issues that keep them from working their normal schedule, or indeed from working at all. With no employment income,

these persons are often not in a position to pay a cash retainer to a law firm. As a result, we very rarely ask for a retainer from our clients in Workers Compensation, Personal Injury and Social Security Disability cases.

We have tried to look at the issue of attorneys fees from our clients' point of view. Here is our policy on fees and costs in the kinds of cases we routinely handle:

WORKERS COMPENSATION

Wisconsin law provides that attorneys who represent injured workers in disputed workers compensation claims may charge a "contingent fee" of 20% of

the net disputed benefits he or she produces for the client:

"An attorney is entitled to legal fees up to 20% of the amount of benefits in dispute".

http://www.dwd.state.wi.us/dwd/publications/wc/WKC-7580.htm

At PAUL M. ERSPAMER Law Offices, S.C. we don't charge for our time in Workers Compensation claims, unless we produce results. In other words, if we

don't accomplish anything for you, we don't get paid for our time. That's

what we mean when we say the fee is "contingent". We are paid a fee of 20%

of the benefits that we obtain for you. No benefits means no attorneys fee.

All fees must be approved by a Wisconsin Workers Compensation judge, who will also usually allow us to recover our legitimate, out-of-pocket expenses (such as costs of obtaining medical or vocational records or reports) incurred in getting the claim ready for a hearing.

The bottom line is that our policy means there is no risk to you in meeting with us and having us review your situation. If we can't help you, you don't have to pay us any fee.

PERSONAL INJURY CASES

Personal injury cases are those (like injuries from motor vehicle accidents, premises liability claims, or wrongful death cases) where a person is injured due to the negligence or carelessness of another.

In personal injury cases, we follow the same contingent fee (means "no fee unless you win") policy. In most cases, we charge a contingent fee of 33%.

What this means is that at PAUL M. ERSPAMER Law Offices, S.C. we don't charge for our time in Personal Injury claims, unless we produce results.

In other words, if we don't accomplish anything for you, we don't get paid

for our time. That's what we mean when we say the fee is "contingent".

We are usually paid a fee of 33% of the recovery (cash benefits) that we

obtain on your claim. No recovery means no attorneys fee. We also keep

track of our legitimate, out-of-pocket expenses (such as costs of obtaining medical or vocational records or reports) incurred in getting the case ready

for settlement. When the case is resolved, we will submit a statement of

all expenses to be reimbursed from the settlement.

The bottom line is that our policy means there is no risk to you in meeting with us and having us review your situation. If we can't help you, you don't have to pay us any fee.

SOCIAL SECURITY DISABILITY

Federal law governs attorney's fees in claims for Social Security Disability Income (SSDI) and Medicare Most claims are handled on a "contingent fee"

basis.

At PAUL M. ERSPAMER Law Offices, S.C. we don't charge for our time in Social Security Disability Income (SSDI) claims, unless we produce results. In other words, if we don't accomplish anything for you, we won't be paid.

That's what we mean when we say the fee is "contingent". We are paid a fee

of 25% of the past-due benefits that we obtain for you.

Past-due benefits are those retroactive benefits owed to you for the period of time between your application and the decision granting you benefits.

Generally, all fees must be approved by an administrative law judge (ALJ) employed by the Social Security hearings office.

But to make it short, our policy is very simple: No benefits means no attorneys fee. We work very hard for our clients, and have a proven record of success. That's why we can make this "no fee unless we win for you"

commitment.

CASES UNDER THE WISCONSIN OR THE FEDERAL MAGNUSON-MOSS WARRANTY ACT

The Wisconsin and the Federal Magnuson-Moss Warranty Act are both intended to provide consumers with a remedy when

manufacturers and sellers of large, expensive products (like cars and

trucks) don't perform as they should. The Magnuson-Moss Warranty Act keep the auto manufacturers honest, forcing them to keep the promises they make to you when they issue you a new car warranty.

Both the Wisconsin Legislature and the Congress in Washington have recognized that, to make these laws effective, consumers/purchasers will sometimes need to pursue these companies by filing a lawsuit in court, when necessary. Also, in cases where the auto companies do not comply with the law (in failing to respond to a meritorious claim by replacing a defective vehicle with a new one, or refunding the purchase price, for example), then reasonable attorneys fees and costs spent on enforcing a legitimate claim must be paid by the manufacturer.

At PAUL M. ERSPAMER Law Offices, S.C., we go to bat for our clients by pursuing the manufacturers and sellers of defective vehicles. Our goal is to obtain for our clients a refund of their purchase price, or, in some cases, a new and comparable replacement vehicle. Where the auto companies don't follow the rules, we sue them in circuit court. We will (of course) seek to have the companies pay all court costs and attorneys fees in addition to refunding your purchase price.