30 Apr
When you pursue a legal claim, you’ll often have to pay attorney’s fees to compensate your lawyer for representing you in the case. But, what if the other party has to pay your attorney’s fees for you? Is this possible? In some instances, yes, but it depends on a few different factors and there is no guarantee that you’ll be able to recover attorney’s fees from the other party. With that in mind, here’s how you may be able to get the attorney fees back when suing for property damage in Texas.
What Are Attorney’s Fees?
Attorney’s fees are an amount of money that’s billed to clients involved in legal cases. The fees are charged for legal services that law firms provide. These types of fees can be hourly, flat, or contingent, depending on the law firm, services offered, and the state where the legal services take place. Attorney fees can include services such as representation in court, legal advice, and preparation of legal documents.
Does Everyone Have to Pay Attorney’s Fees?
As a general rule, everyone pays their own attorney’s fees in the United States, regardless of who prevails in the legal matter. This type of attorney fee payment requirement is called the American Rule. Although this is often the general rule, there are circumstances where parties in a legal case won’t have to pay their own attorney’s fees. If there is a clause in a relevant contract that specifies a certain party pays the attorney’s fees, this can serve as an exception to the American Rule. Also, if there are state statutes that allow for attorney fee recovery, such as the Deceptive Trade Practices Act, this can replace the usual rule that everyone pays their own attorney fees. In addition, the judge presiding over a case can decide whether to award attorney’s fees to a party and how much the individual should receive for these fees.
How Do I Get the Attorney’s Fees Back?
Remember that attorney’s fees for property damage aren’t automatically going to be provided to you. There has to be some type of circumstance that necessitates the return of attorney’s fees. For example, if you have a contract with the other party with whom you’re involved in a legal dispute, that contract may designate who pays the attorney’s fees should a legal issue arise. There may also be state statutes that describe who pays attorney fees in the case of a property damage legal matter.
If you are involved in a court case, it’s important to request the payment of attorney’s fees in the initial pleading so that you can potentially be awarded these fees. Also, the attorney fees must be reasonable. If the opposing party feels that the attorney fees are unreasonable, they can challenge the amount of the potential award.
The court will determine if attorney fees are recoverable and the amount of the award. There isn’t a guarantee that you’ll recover the attorney fees in your property damage case. However, it’s advisable to try to recover these fees, if your case and situation warrants the availability of attorney fees recovery.
Parks Law Firm Can Represent You in Your Property Damage Case
If you have a property damage legal issue, you shouldn’t go down this complicated path on your own. You should have a qualified attorney on your side. For Texas property damage cases, the Parks Law Firm can help you with your legal matter. The Parks Law Firm offers legal advice and client representation in many locations throughout Texas, including the Dallas-Fort Worth, Houston, and San Antonio areas. We’ll meet with you, evaluate your legal issue, and let you know what your options may be regarding your property damage dispute.
When you have a legal professional on your side, you’ll feel confident knowing you have the assistance you need to tackle your property damage issue with peace of mind. Our compassionate, experienced team will help you every step of the way as you pursue your legal matter. The Parks Law Firm is here for you and your legal needs.
Don’t wait too long to present your legal issue. Contact the Parks Law Firm today to see how we can help you with your Texas property damage case.