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BMW 3-Series (E90 E92) Forum > BMW E90/E92/E93 3-series General Forums > Regional Forums > USA - Northwest > attorney fees for diminished value claim. (advice needed)



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      08-02-2011, 07:09 PM   #1
asdflkijd
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attorney fees for diminished value claim. (advice needed)

Alright, so I'm in the process of filing a property damage/ diminished value claim for my 335i. The attorney that I will be working with is Michael Tompkins and the body shop is Haury's (Jeff Butler).

About a year ago my car was rear ended by some douche bag and he tried to flee the scene, long story short, I was able to find the drivers information, insurance, etc.. Damages came out to around 10k+. Even though the car was fixed, it will still never be the same car again... Especially for resale value..

It looks like its going to come out to around $500 to pay for the filing fees, etc that I have to pay the attorney. He says that he has a 80/20 chance to get me around 4-9k in settlement fees plus the $500 I paid for the filing fee. Granted that he is able to win, he will take 25% from the settlement.

Of course, if he fails and gets nothing out of it, then I simply lose $500.

This is the first time I'm fighting for a diminished value claim, what do you guys think? Should I go through with it or is it a long-shot.


Cliff notes: I need to pay my attorney $500 for filing fees for the court for my diminished value claim, he thinks there is a 80/20 chance that he will be able to win. If he wins, I will get around 4-9k plus get reimbursed for the $500 filing fee.
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      08-02-2011, 07:13 PM   #2
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I am in the same boat as you right now. I have a diminished value claim already started on my old bmw that was hit last month. I work for a P.I. Law firm that handles just this type of accident. Go for it.
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      08-02-2011, 08:03 PM   #3
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I say go for it. Expected value of about $5,100 if his probabilities are accurate. And the worse that could happen would be you losing $500, a small price to pay for such a high payout.
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      08-02-2011, 08:16 PM   #4
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PM me if you have questions.
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      08-03-2011, 11:22 AM   #5
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Is it common/ normal for the attorney to charge for the filing fees from the start of the case? Most of the time don't they usually take it out of the settlement?
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      08-03-2011, 12:24 PM   #6
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Quote:
Originally Posted by asdflkijd View Post
Is it common/ normal for the attorney to charge for the filing fees from the start of the case? Most of the time don't they usually take it out of the settlement?
Depends. Some attorneys set you up on a "no bill" frequency others have you front the money. It just depends on their "billing style" and how strong they feel the case may be. I have an attorney who is all about no bill for every single client and then I have an attorney who bills clients monthly during their case.
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      08-03-2011, 01:43 PM   #7
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I wonder if I should try and find someone else then.. The only reason I am going with this guy is because he contacted me first. Apparently Jeff at Haruy's is close with this guy.
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