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Roger, Attorney
Category: Legal
Satisfied Customers: 30898
Experience:  BV Rated by Martindale-Hubbell; SuperLawyer rating by Thompson-Reuters
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In the case of a personal injury suit and the complainant looses

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In the case of a personal injury suit and the complainant looses can the winning attorney bill the complainant lawyer fees?

Roger : Hi - my name is XXXXX XXXXX I'm a litigation attorney. Thaniks for your question. I'll be glad to assist.
Roger : There is no right to attorneys fees. However, you can ask the court to award attorneys fees.
Roger : Generally, courts are reluctant to award attorney's fees unless the claim is frivolous.

We are the complainant and the winning attorney sent a bill to our attorney for mileage for their witnesses and subpoena fees, who in turn forwarded it to us. When our attorney took the case (which lasted almost 5 years) he said that if we lost he would file an appeal but in the end he chose not to.


Do we have to pay these fees?

Roger : Unless there's a statute or court order that says you must pay these fees, you should not have to.
Roger : The attorney would have to ask the court to approve the award of attorney's fees and get a court orrder directing you to pay before it would be required.

Thank you.

Roger : Sure. Glad to help.
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