Personal Injury Law

Personal Injury Law Question? Ask Personal Injury Lawyers.

Ask a Lawyer,
Get an Answer ASAP!

An attorney was representing a relative on a contingency…

Customer Question
An attorney was representing a...
An attorney was representing a relative on a contingency basis for a product liability matter so the attorney was paying the court fees to file motions, etc. However, my relative didnt think the attorney was effective and my relative is now handling the
case pro se and wants to file a motion. I was wondering if it is too late for my relative to apply for fee waive/poor person status on a case that had begun as fee paying? This case is in supreme court.
Submitted: 3 years ago.Category: Personal Injury Law
Show More
Show Less
Ask Your Own Personal Injury Law Question
Answered in 2 days by:
8/1/2015
Personal Injury Lawyer: Christopher B, Esq, Attorney replied 3 years ago
Christopher B, Esq
Category: Personal Injury Law
Satisfied Customers: 4,144
Experience: personal injury and medical malpractice attorney
Verified
My name is***** and I will be helping you with your question today. This is for informational purposes only and does not establish an attorney client relationship. A fee waiver request must be made by filing a Motion with the court. This is done by making a Notice of Motion and a sworn Affidavit that explains your finances to the court. There is no official form for this request and different judges may require different information to decide your fee waiver request. It is best to call the Court Clerk’s Office to ask for a form or instructions. You can do this per se but the court will look at evidence that you already retained an attorney and the fees were already taken care of, the court will look at all issues as described below. It is not too late to file but it might not be successful. Judges have a lot of leeway in this matter so one Judge might allow it whie another might dismiss your request on its face. Fee Waiver (Poor Person's Relief)If you are getting public benefits, are a low-income person, or do not have enough money to pay for your household’s basic needs and your court fees, you can ask the court for a "fee waiver." This is also called "poor person’s relief." [CPLR 1101]With a fee waiver, you won’t have to pay court costs for starting a case, filing a jury demand, appealing a court decision and getting a transcript of the trial. Court Fees and CostsMany courts charge money to start a court case. This is called a filing fee. The amount of money you have to pay depends on the court and the type of case. You may also have to pay other filing fees during your case. Check Filing Fees to see what fees apply in your case.If you win a judgment or a settlement, the judge may make you pay back any fees that were waived. Asking for a Fee WaiverA fee waiver request must be made by filing a Motion with the court. This is done by making a Notice of Motion and a sworn Affidavit that explains your finances to the court. There is no official form for this request and different judges may require different information to decide your fee waiver request. It is best to call the Court Clerk’s Office to ask for a form or instructions. You can also visit a Court Help Center. Read about How to Ask the Court for Something in your case for more information. What to Say in a Fee Waiver RequestThe Affidavit given to the Court to support your fee waiver request should include the following information:state that you are unable to pay the costs, fees and expenses needed to start or defend the case (or to start or answer an appeal);explain the nature of the case, tell the court what the case is about;include facts about your case that show there is merit to your claims;include a detailed explanation of the amount and sources of your income;include a detailed list of your property with its value;indicate whether any other person would benefit from any award in your case, and if so, whether that person is unable to pay the costs fees and expenses.Different judges require different proof to decide your fee waiver request. So, the court may ask you to submit additional items to prove you do not have the money to pay your court costs.Here are some examples of fee waiver forms that may be helpful to give you an idea of what information the court wants to know. Remember, each court may have different requirements so only use these forms as a guide. Call the court for help. See link for poor person affidavit for the Supreme Court:http://www.nycourts.gov/courts/5jd/lewis/forms/Poor-Person-Affidavit.pdf Please let me know if you have any further questions and please positively rate my answer as it is the only way I will be compensated. (There should be smiley faces or numbers from 1-5 next to my answer, an excellent or good rating would be fantastic.)
Ask Your Own Personal Injury Law Question
Personal Injury Lawyer: Christopher B, Esq, Attorney replied 3 years ago
I see you have reviewed my answer, do you have any further questions? If not, please do not forget to positively rate my answer (There should be smiley faces or a 1-5 ranking on my answer. I would appreciate a good or excellent rating) as this is the only way that I am compensated for my work.
Ask Your Own Personal Injury Law Question
Personal Injury Lawyer: Christopher B, Esq, Attorney replied 3 years ago
Do you need help with the rating system? We answer these questions with the expectation that our work will be compensated by the site. Without your positive rating that won't happen, so if you could take the extra step and help me out, I would appreciate it. There should be smiley faces or numbers from 1-5 next to my answer, an excellent or good rating would be fantastic.
Ask Your Own Personal Injury Law Question
Was this answer helpful?

How JustAnswer works

step-image
Describe your issueThe assistant will guide you
step-image
Chat 1:1 with a personal injury lawyerLicensed Experts are available 24/7
step-image
100% satisfaction guaranteeGet all the answers you need
Ask Christopher B, Esq Your Own Question
Christopher B, Esq
Christopher B, Esq
Christopher B, Esq, Attorney
Category: Personal Injury Law
Satisfied Customers: 4,144
4,144 Satisfied Customers
Experience: personal injury and medical malpractice attorney

Christopher B, Esq is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help.

Mary C.Freshfield, Liverpool, UK

< Previous | Next >

Meet the Experts:

Infolawyer

Infolawyer

Attorney

1,175 satisfied customers

Licensed attorney helping individuals and businesses.

Ely

Ely

Counselor at Law

725 satisfied customers

Private practice with focus on family, criminal, PI, consumer protection, and business consultation.

LawTalk

LawTalk

Attorney

485 satisfied customers

I have 30 years of legal and litigation experience.

Dimitry K., Esq.

Dimitry K., Esq.

Attorney

449 satisfied customers

I provide basic personal injury advice to my clients in my own practice.

Brandon, Esq.

Brandon, Esq.

Attorney

367 satisfied customers

Has received a certificate of recognition from the California State Senate for his outstanding legal service.

P. Simmons

P. Simmons

Attorney

279 satisfied customers

16 yrs. of legal experience.

Personal Injury Pro

Personal Injury Pro

Attorney

203 satisfied customers

Insurance Defense Attorney

< Previous | Next >

Related Personal Injury Law Questions
I've been working on my personal injury premises case for
I've been working on my personal injury premises case for quite some time. I was injured by a massage therapist and have endured much pain, physical therapy and several rounds of cortisone shots. Beca… read more
richanne96
richanne96
Attorney
Doctoral Degree
38 satisfied customers
JD, when notice of appeal is filed on a courts order and the
For Paul JD, Paul when notice of appeal is filed on a courts order and the court of appeals responds giving the parties 14 days to file statements concerning whether an appeal is allowed as a matter o… read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
I have an appeal before the US court of appeals regarding a
I have an appeal before the US court of appeals regarding a social security disability matter and I am unable to find an attorney willing to take the case on a contingency basis...before you say that … read more
richanne96
richanne96
Attorney
Doctoral Degree
38 satisfied customers
In my Arizona Medical Malp. suit I am the pro per plaintiff/appellant.
In my Arizona Medical Malp. suit I am the pro per plaintiff/appellant. I have filed my "Notice of Appeal", but the Transmission of the record has not been done yet. The defense has filed their" Motion… read more
richanne96
richanne96
Attorney
Doctoral Degree
38 satisfied customers
I plan to file a pro se lawsuit for tortious interference against
I plan to file a pro se lawsuit for tortious interference against some individuals who grossly conspired to damage my employment relationship. I have studied this carefully and am convinced that I wil… read more
LegalPro54
LegalPro54
Doctoral Degree
1,258 satisfied customers
This pertains to a new aspect of a former issue. The attorney
This pertains to a new aspect of a former issue. The attorney who I retained to represent me in a legal malpractice suit asked me orally if I would agree to a non suit walk away settlement. I said yes… read more
TexLaw
TexLaw
Attorney
Post-Doctoral Degree
4,347 satisfied customers
I am the pro-se plaintiff that suffered a personal injury.
I am the pro-se plaintiff that suffered a personal injury. I made a mistake and never anwersed interrogatorries on time. i sort of got tricked because they sent the motion a month and a half ahead of … read more
Law Pro
Law Pro
Doctoral Degree
19,000 satisfied customers
Hypo: Personal Injury Case. Bad liability. Client refuses
Hypo: Personal Injury Case. Bad liability. Client refuses to drop. Three law firms have passed on it. Handling attorney afraid to drop client at last minute because statute runs in a few days. Client … read more
socrateaser
socrateaser
1,031 satisfied customers
Hello, I am assisting a pro se Plaintiff, who is a relative
Hello, I am assisting a pro se Plaintiff, who is a relative and I have more experience with the courts. The case can get very tricky at some points and the relative is in his 80's. I have Power of Att… read more
Infolawyer
Infolawyer
Attorney
Doctoral Degree
1,175 satisfied customers
HOW DO I FIND A REPUTABLE AND HONEST LAWYER THAT HAS THE CAPACITY
HOW DO I FIND A REPUTABLE AND HONEST LAWYER THAT HAS THE CAPACITY TO HANDLE A LAWSUIT AGAINST A DRUG CO. THAT DISPENSED ACTOS WHICH IS NOW SUSPECTED TO CAUSE BLADDER CANCER AND HEART ATTACKS OF WHICH … read more
RJ
RJ
JD
3,048 satisfied customers
I want to file an Freedom of Information act lawsuit in US
I want to file an Freedom of Information act lawsuit in US District court against the justice dept. I have developed a file over the last year concerning their refusals, misrepresentations and out rig… read more
Infolawyer
Infolawyer
Attorney
Doctoral Degree
1,175 satisfied customers
what damages can be claimed in the following case. a law suit
what damages can be claimed in the following case. a law suit is filed on pro se basis against a hypnotist who in his radio announcement guaranteed a substantial and irreversible wight loss (tapes can… read more
RJ
RJ
JD
3,048 satisfied customers
If the paralyzed patient who is in the hospital and cant find
If the paralyzed patient who is in the hospital and can't find a lawyer+can't go to court for Pro se case but have an affidavit from the Neurosurgeon that states malpractice occurred, what are the cho… read more
RJ
RJ
JD
3,048 satisfied customers
Slip and Fall in a Store: How can I get a copy of their
Slip and Fall in a Store: How can I get a copy of their internal investigation of the slip and fall. How can I get a copy of their video of the area so I can see how long the oil was on the floor?… read more
Sam
Sam
Attorney
Doctoral Degree
10,701 satisfied customers
I slipped and fell getting out of the shower at Trump Taj -
I slipped and fell getting out of the shower at Trump Taj - they failed to come to room and see about me for an hour and with a second call. I went to hospital the next day due to pain I have a spaine… read more
Dave Kennett
Dave Kennett
Doctoral Degree
25,741 satisfied customers
I am being forced to settle a personal injury case for $150,000
I am being forced to settle a personal injury case for $150,000 on a Motion to Settle by a Trustee in a March 2005 Voluntary CHapter 7 Bankruptcy Petition that was DISCHARGED in June 2005. Regarding t… read more
RJ
RJ
JD
3,048 satisfied customers
California litigation When U represent yourself as plaintiff,
California litigation: When U represent yourself as plaintiff, can U sue the defendant for the time U spent on the case equivalent to attorney's fee? If Yes, then how do U calculate the time and the v… read more
LawGuy
LawGuy
Juris Doctor
123 satisfied customers
I own a 2005 Toyota MR2 Spyder 2-seater (convertible) which
I own a 2005 Toyota MR2 Spyder 2-seater (convertible) which has approx. 40,000 miles on it. I got into a servere accident, dead animal on the road, blood and its guts across both lanes, I lost control… read more
FiveStarLaw
FiveStarLaw
Attorney
Doctoral Degree
477 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x