Wayne, NJ Personal Injury Law Firms & Lawyers

The answer to your question, "How do I protect properties and myself if my alcoholic housemate hurts someone?" is to not co-own anything with her, including the house and car. In addition, have her obtain her own car insurance. If your ex-girlfriend does cause a car accident while driving drunk, you would only be liable if you, yourself, were negligent. You might be negligent if you had her run an errand for you when you knew she was drunk. Otherwise, if you are not negligent, you likely would not be responsible for any damages she causes. However, if she causes damages in excess of the insurance coverage, the person she harms can, assume they obtain a judgment and follow legal procedure, attempt to seize the vehicle and house and have them sold to satisfy the judgment. If you co-own these with her, you would then likely lose them when they were sold. You would still get some money from the sale, in proportion to your ownership interest, but you could lose the house or vehicle.

First, as to your actual question, "What are contingent based attorney fees and costs for a medical malpractice case?" there is no single answer to that question. Contingency fees vary between attorneys. In addition, most attorneys charge a higher percentage the more difficult a case is. Moreover, the likelihood of success also may change the contingency fee percentages. The lower the likelihood of recovery, the higher the fee percentage as the attorney is taking a higher risk that he or she will not receive any money from a case. Costs also differ depending on whether a case settles before a lawsuit is even tried or whether the case goes to trial. Costs may include any or all of the following: filing fees for the lawsuit; photocopies; postage; costs for medical records and/or reports; mileage; expert witness fees; and court reporter fees. This is just a list of the more common costs and expenses; there are many costs and expenses. In most medical malpractice cases, you have to have another doctor, or possibly more than one, willing to testify that the first doctor committed malpractice. Finding and paying doctors for their opinions and testimony is usually very expensive and is typically the largest cost in a medical malpractice case. The retainer agreement you sign with the attorney may list the costs and expenses although typically the agreement will list some as examples. It is hard to predict at the beginning what all the possible costs and expenses will be. Medical malpractice cases are usually more expensive than car accident and other personal injury cases. Second, although you do ask about it, you need to be aware that the statute of limitations for medical malpractice case is generally two (2) years from the date of the negligent (malpractice) act. There are a few exceptions to this rule. One of the exceptions is that if you did not, and should not have, know that malpractice occurred. Under this exception, you generally get 1 year from the date you found out, or should have been able to find out, to file a lawsuit if the 2 year statute of limitations has already expired. Finally, I cannot answer whether you have a medical malpractice case. Although you do provide a lot of information, it is insufficient for me to be able to say that you have a medical malpractice case or not. I also cannot comment on the statute of limitations as you do not provide specific dates. You should consider with an attorney to learn more about your rights, whether you have a case and what the statute of limitations on your case is.

Yes you can sue for her share. If she has an attorney and you don't, you will be at a disadvantage at trial because you won't know how to get evidence in the case to have it be admissible, particularly when the lawyer objects to your questions and your documents. A trial like this would be relatively short, presumably only the two of you would be witnesses. Perhaps you can find an attorney to do it on a flat fee basis. Alternatively, you might find an attorney that will accept a small payment to guide you on what you need to do and say. I fear, however, if you go it alone, you will lose on procedural grounds. Parties in pro per are supposed to be held to the same standard as an attorney. Most judges adhere to this rule. Some give a little leniency, but not a lot.