Don’t Pay Defense Base Act Attorney Fees
One question that goes through folks minds when they are first filing a Defense Base Act claim is “Who Should Pay DBA Attorney Fees?” And it's a good question. The short answer: Not You.
Some folk think that they don’t need or shouldn't get a DBA attorney because they don’t want to pay attorney fees or have attorney fees taken out of their weekly compensation. What they need to understand is that the DBA insurance company are the ones that should be paying their attorney fees. Not you. Not me. Just them.
If a lawyer tells you that you must pay them money for them to represent you for a Defense Base Act case, you need to find a different attorney. Truth is, you should never pay a lawyer for a Defense Base Act case out of your own pocket. Keep this in mind when you are researching the right Defense Base Act lawyer for you.
The DBA insurance companies having to pay your attorney fees is the only thing that makes DBA insurance companies pay claims timely. In essence, having to pay our attorney fees helps get your case settled faster. I know, it seems screwy, but that is how the system works.
LS-207 Notice of Controversion
All the DBA insurance company has to do is file an LS-207 Notice of Controversion and they can deny your claim. Again, the system is really screwed up. This is the worst part of the DBA. That is, there is nothing to “make” DBA insurance companies to pay you your weekly compensation and medical treatment in a timely manner. The only one that can “make” the DBA insurance company pay you is the Judge. You will need what is called a “Decision and Order Awarding Benefits.” And this is a get in line and wait system.
Which is why, so many folks choose to settle their DBA cases. So they won’t have to always be worried about having their benefits be cut off by the DBA insurance company.
The Bottom Line
My best advice is that if you are seriously injured and have a DBA case, you need to hire the best DBA lawyer you can find. How much they cost doesn't matter because that money should never be coming out of your pocket. The only people that should be paying any fees are the DBA insurance company. It's really that simple.
Disclaimer: Please understand these discussions and/or examples are not legal advice. All legal situations are different. This testimonial, endorsement and/or discussion does not constitute a guarantee, warranty, or prediction regarding the outcome of your legal matter, your particular case/ situation and/or this particular case/ situation.