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25 Sep, 2017 by Traci
Went to see Foster for free consultation; was charged $550. Foster did not tell me his fees, nor did he state I would be charged for this consult.
As I was leaving, Foster stated he required at minimum a $5,000.00 retainer up front. I put on Discover Credit Card .
I was quickly handed and signed a GENERAL fee contract; nothing else on the contract pertained to me as I was Foster’s first SSDI Overpayment case; however, I felt he needed me to sign something. I did not know any better.
ONLY AFTER I signed the agreement ( months later ) when Foster tried claiming MY SSDI backpay did I realize the fee agreement was completed with additional X’s and other information days (someone else handwrote my phone number in etc.) after I left the office, not when I was present, and without my knowledge and consent.
To find out, Foster had boxes on the fee agreement X’d stating if my SSDI benefits were reinstated, he was entitled to 15%.
Foster was NOT hired to work on SSDI benefit reinstatement, he knew this, nor did he do one thing to assist in my SSDI reinstatement. Sen. DS's office was the ONLY assistance I received and integral part in getting my SSDI benefits reinstated. NOT Foster.
In fact, Sen. S mailed us both letters informing us of the progress of my benefit reinstatement; in turn, Foster would Re-mail them to me. AND, CHARGE ME for time put into mailing correspondence I already had!!!
From the time I hired Foster June 2015 to the end of December 2016, I COULD NOT get Foster to communicate with me about my case. I sent dozens of emails and made as many phone calls reaching out.
Foster ignored me for these 6 months. I spoke to him a couple times, maybe. Finally, I decided to fire Foster at the end of December 2016. I sent a letter firing him. Instead of acknowledging the letter, Foster DROVE all the way to SSA Livonia to “review files” for my overpayment case.
Foster allegedly spent 5. 5"hours at SSA Livonia and charged me (an indigent client) $1500.00. He never provided ANY receipts (or detailed account) when I asked for them nor was I given names of people he spoke to for the five hours.
Foster repeatedly charged me in blocks of time which he would not account for in detail.
I begged Foster for to be budget conscious on several occasions.
Foster did NOT need to drive to SSA Livonia b/c he had everything he needed regarding files; to date, Foster has failed to provide me or Discover Card a breakdown (Who he spoke too? What they spoke of for 5 hours?) of exactly what he did at SSA Livonia which would cost me $1500.00!
NOT ONCE did Foster consult with me before making TWO UNNECESSARY road trips equaling $2100.00 NEVER!!
Important to note, Foster charges for EVERYTHING. He charges for every minute detail of work done and even for calls completely unrelated to your case.
Foster NEVER went over his hourly rate or why he billed the way he did; I was ignored.
Because Foster ignored me for the first 6 months he had my 5K retainer, Discover Card stated I was too late to open a dispute case going after Foster for Fraud. According to Discover, there was nothing I could do?
Two weeks before my hearing is when I was notified Foster was claiming 15% of my SSDI back pay of which he never worked one day to get re-instated.
I received another letter from Foster claiming he needed an additional $1500.00 on top of the 5K retainer I gave him already, or he would not come to the hearing.
I refused and Foster did not show up at my hearing.
Richard Foster took my ENTIRE 5K retainer; I GOT ZERO.
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01 May, 2017 by Anonymous
I talked to Richard with regard to a complex litigation matter and he was very nice and knowledgable. He told me all about my case, my options and was quite honest about everything. I don't believe other reviews here reflect him as an attorney at all, I was very satisfied with my experience.
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01 May, 2015 by Anonymous
Worst possible choice for a lawyer. I suffered a medical injury and became disabled. Unable to pay my mounting bills, I went to this man to help me file bankruptcy. He reassured me that if I completed the paperwork that he gave me it would cost me the $1200 retainer fee and be done in three months. It has now been 7 months and I have no idea when this will be concluded. He failed to provide the court with the correct paperwork (Declaration of Electronic Filing) and then billed me for his staff contacting me and the emails to get the signature to him again. Every time you email the office and get a response there is a charge for the secretary to write the email and then billed again for him to review it - REALLY!? If you call to see what the hold up is - you get billed for that. He also failed to let me know that I could include him in my bankruptcy filing and now owe him another $1200 (a total of $2400)! I got a notice from the lender about my car loan. I was told by the secretary (who by the way was very nice) that they'd "take care of it" but failed to tell me that I would be billed for each and every minute and it was something that I could have handled on my own. I wasn't informed or given that option. When I got my first bill I contacted the office with my concern and was told "not to worry about it because I was a good client." Yes, I did sign the agreement and am now sincerely regretting it. I had an appointment with him on that day and was rushed out of the office because he agreed at the last minute to represent another attorney's client and had to leave to make the trip out of town. I didn't want to delay him, so I just signed the forms without fully reading them (I was also in pain and very uncomfortable sitting there). I should have taken the time to go through the paperwork more carefully. But I believed what he said and trusted him to keep his word. I have now found out that my trust was misplaced. If you are filing bankruptcy, go somewhere else, read ALL the forms no matter what pressure you are under (ask up front if you will be billed for every minute you spend reading the forms, if yes take them with you and them bring them back) and MAKE SURE that you understand the timeline.
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What a Workers’ Compensation Lawyer Can Do for You
A workers’ compensation lawyer specializes in helping employees who are injured or become ill as a result of their job to receive the benefits they are entitled to under workers' compensation laws. These lawyers represent injured workers in claims for medical benefits, wage replacement, and other compensation related to workplace injuries or illnesses. They also help when claims are denied, benefits are delayed, or disputes arise with the employer or the insurance company.
Whether you've been injured on the job, developed an occupational illness, or are dealing with a denied workers' compensation claim, a workers’ compensation lawyer can help you navigate the claims process and ensure you receive the full benefits you deserve.
When Should I Hire a Workers' Compensation Lawyer?
You should consider hiring a workers' compensation lawyer in several situations, especially when complications arise during the claims process or when your rights as an injured worker are being challenged. Some common reasons to hire a workers' compensation lawyer include:
- Claim denial: If your workers' compensation claim has been denied, a lawyer can help you appeal the decision and represent you in hearings or litigation.
- Inadequate benefits: If the insurance company offers you a settlement that doesn’t cover your medical expenses, lost wages, or other damages, a lawyer can negotiate on your behalf for a fair amount.
- Delay in receiving benefits: If your benefits are being delayed, a lawyer can help expedite the process to ensure you receive timely compensation.
- Permanent disability: If your injury leads to permanent disability (partial or total), a lawyer can help you navigate the more complex process of securing long-term benefits.
- Retaliation by employer: If your employer retaliates against you for filing a workers' compensation claim (e.g., by firing or demoting you), a lawyer can protect your rights and pursue legal action.
- Third-party liability: If a third party (e.g., a contractor or equipment manufacturer) was responsible for your injury, a lawyer can help you pursue additional compensation through a personal injury lawsuit.
- Pre-existing conditions: If your employer or the insurance company claims that your injury is related to a pre-existing condition, a lawyer can help you present evidence showing that the injury was work-related.
Hiring a lawyer early in the process can prevent delays, avoid mistakes, and ensure you receive all the benefits you’re entitled to under workers' compensation law.
What Does a Workers' Compensation Lawyer Do?
A workers' compensation lawyer provides a range of legal services to injured workers, ensuring that they receive the benefits they deserve. Their tasks often include:
- Filing claims: Helping injured workers prepare and file their workers' compensation claims to ensure accuracy and timeliness.
- Appealing denied claims: Representing workers whose claims have been denied and guiding them through the appeals process, including hearings and court appearances.
- Negotiating settlements: Negotiating with insurance companies to secure fair compensation for medical expenses, lost wages, and other damages.
- Handling disputes: Resolving disputes between the injured worker, the employer, and the insurance company regarding the amount of compensation or the nature of the injury.
- Coordinating medical evidence: Gathering and presenting medical records, expert testimony, and other evidence to support the workers' compensation claim.
- Advocating for benefits: Ensuring that injured workers receive all the benefits they’re entitled to, including temporary or permanent disability benefits, vocational rehabilitation, and medical treatment.
- Filing third-party lawsuits: In cases where a third party is responsible for the injury, a workers' compensation lawyer may also pursue a personal injury lawsuit to recover additional damages.
How Are Workers’ Compensation Lawyers Paid?
Workers' compensation lawyers typically charge a contingency fee, meaning they only get paid if they successfully recover benefits for you. This fee is usually a percentage of the benefits awarded, and the specific percentage is often regulated by state law. Here's how it generally works:
- Contingency fee: The lawyer's fee is typically between 15% and 25% of the total benefits awarded to you. You don’t have to pay any upfront legal fees, and the lawyer’s fee comes out of the settlement or benefit award.
- No fee if no recovery: If the lawyer doesn’t recover any benefits for you, you generally don’t have to pay for their services.
- State regulations on fees: Many states cap the percentage that workers' compensation lawyers can charge, and some states require the fee to be approved by the workers' compensation board or judge.
Be sure to discuss the fee structure with your lawyer during the initial consultation to understand how much you will owe if your case is successful.
How Much Does a Workers' Compensation Lawyer Cost?
The cost of hiring a workers' compensation lawyer typically depends on the contingency fee arrangement, meaning the lawyer’s fee will be a percentage of the benefits you receive. General cost estimates include:
- Contingency fees: Most workers' compensation lawyers charge between 15% and 25% of the total settlement or benefits awarded. For example, if you receive $50,000 in benefits, the lawyer’s fee would range from $7,500 to $12,500.
- State regulations: Some states limit the percentage that workers' compensation lawyers can charge. In these cases, the fee is usually capped, often at 20% to 25%, depending on state law.
- Additional costs: Some lawyers may charge for out-of-pocket expenses, such as filing fees, medical records retrieval, and expert witness testimony, though these costs are typically deducted from the settlement after the case is won.
You should always ask for a clear explanation of fees and potential additional costs during your consultation so you understand the financial arrangement.
Top Questions to Ask a Workers' Compensation Lawyer
Before hiring a workers' compensation lawyer, it’s important to ask the right questions to ensure they are the best fit for your case. Key questions to ask include:
-
What experience do you have with workers' compensation cases?
Ensure the lawyer has experience handling cases similar to yours, especially if your injury is severe or the case involves disputes. -
How do you charge for your services?
Clarify whether the lawyer charges a contingency fee and whether there are any additional costs you need to be aware of. -
What is the likelihood of success in my case?
Ask for an honest assessment of your case, including the potential challenges and outcomes. -
Have you handled cases like mine before?
Find out if the lawyer has experience dealing with cases involving similar injuries or disputes, such as denied claims or permanent disability. -
How long will the process take?
While it’s difficult to predict an exact timeline, the lawyer should be able to provide a general estimate based on their experience with similar cases. -
Will you personally handle my case?
In larger firms, junior attorneys or paralegals may handle parts of your case. Make sure you know who will be working on your claim.
How to Check the Credibility of a Workers' Compensation Lawyer
To ensure you are hiring a reputable workers' compensation lawyer, follow these steps to verify their credentials and track record:
- Verify their bar status: Check with your state bar association to confirm that the lawyer is licensed and in good standing, with no disciplinary actions against them.
- Look for workers' compensation experience: Review the lawyer’s website or professional profile to ensure they specialize in workers' compensation law and have successfully handled cases similar to yours.
- Read client reviews and testimonials: Look for client reviews on platforms like Avvo, Martindale-Hubbell, or Google to see what previous clients have said about the lawyer’s expertise and service.
- Ask for references: A credible lawyer should be willing to provide references from past clients who can speak to their experience in workers' compensation cases.
- Check for professional affiliations: Membership in organizations like the Workers' Injury Law & Advocacy Group (WILG) or local bar association committees on workers' compensation can indicate the lawyer’s commitment to this area of law.
What Should I Prepare for My First Consultation?
To make the most out of your first consultation with a workers' compensation lawyer, it’s important to come prepared with relevant documents and information. Here’s what you should bring:
- Accident report or incident documentation: Bring any documentation related to your workplace injury or illness, including accident reports or notifications to your employer.
- Medical records: Provide copies of medical records, including treatment notes, doctor’s reports, and any information related to your injury or condition.
- Employer correspondence: Bring any letters, emails, or forms related to your claim from your employer or the workers' compensation insurance company.
- Wage and benefits information: Provide information on your wages, benefits, and any lost income due to the injury.
- List of questions: Prepare questions about your case, the process, costs, and what to expect moving forward.
- Timeline of events: Prepare a timeline of the incident, your injury, and any medical treatment or communication with your employer and the insurance company.
Being well-prepared for your consultation will allow the lawyer to assess your case more effectively and provide you with the best possible legal advice.
