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What will it cost to file a Zofran case?

Filing a Zofran case usually costs nothing.  Most firms handling Zofran cases, including Kershaw|Talley, represent clients on a “contingency fee” basis.  This means there are no up front fees or expenses, and the law firm’s fee is “contingent” on a successful outcome of the case.  The contingent fee in most Zofran cases is 40% of the client’s recovery.

In addition to contingency fees, most Zofran fee agreements provide for the reimbursement of “litigation expenses” to your attorney.  Litigation expenses are the out-of-pocket expenses incurred by your attorney to pursue the case. The litigation expenses typically include the filing fees for the lawsuit, the cost of obtaining medical records, travel expenses, and the costs of retaining experts.  Most contingency fee agreements provide these litigation expenses are advanced (paid for) by your lawyer and will only be reimbursed to the attorney if there is a recovery at the end of the case.

When evaluating a fee agreement, you should also see how it deals with what is generally referred to as “common benefit fees” and “common benefit expenses.”  In large mass actions, thousands of individuals are pursuing similar claims in a consolidated proceeding (i.e. all cases are transferred and merged under one court and judge). In addition, there is usually a small group of attorneys on the plaintiffs’ side who handle the day to day litigation of the cases.  This group is commonly referred to as the Plaintiff’s Steering Committee (or “PSC”).  The PSC will spend a considerable amount of time working on behalf of all plaintiffs with a Zofran case.  Also, the PSC will expend a considerable amount of money taking depositions, obtaining documents, and retaining experts.

In most cases where this happens, the court will enter what is called a “common benefit order.”  This is an order that attempts to ensure all plaintiffs with a Zofran case fairly contribute to the time and money expended by the PSC.  The reimbursement of time by the PSC (i.e. amount of time the PSC works on behalf of all plaintiffs) is generally referred to as “common benefit fees”. Whereas the reimbursement of litigation costs (i.e. taking depositions, obtaining documents, and retaining experts) advanced by the PSC is referred to as “common benefit expenses.” It is important to know how theses common benefit fees and common benefit expenses are apportioned with your attorney under the fee agreement.

As with any agreement, it is important that you thoroughly and carefully read the fee agreement presented by the lawyer and you discuss with him/her its terms.  At the end of your discussion you should have a full and complete understanding of 1) how the fees are calculated, 2) how the expenses are calculated and reimbursed, and 3) how any common benefit fee or common benefit expenses will be apportioned at the end of the case.

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