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A flatbed truck loaded with logs on a dirt road

Flatbed truck accident lawyer: a complete guide

An open deck has no sides and no roof, which means somebody has to climb onto it. Strapping, chaining and tarping a load are done standing on the deck or on the freight itself, several feet above hard ground, often in weather and usually against the clock. The most common serious injury in flatbed work is not a collision at all. It is a fall.

Jump to a section
The OSHA line
4 feet
The height above which the general industry standard requires protection from falling, subject to its own exceptions.
The conflict
Two agencies
One set of rules requires the load to be secured. A different one governs working at height, and they do not meet neatly.
Who gets hurt
Often the driver
Unlike most truck claims, the injured person is frequently the person working on the vehicle.
Where it happens
Someone else's site
Loading usually happens at a shipper or receiver, which raises who controlled the premises.

Key takeaways

  • A fall from a deck is a serious injury, not a minor one. Landing on concrete from the height of a trailer floor produces fractures, head injuries and spinal injuries routinely.
  • The federal rules pull in different directions. Transport rules require the load to be secured and covered. Occupational rules govern working at height. Neither was written with the other in mind.
  • Where you fell matters as much as how. A fall at a shipper's yard raises questions about who controlled the site and what equipment they made available.
  • There may be two claims, not one. Workers compensation against an employer, and a separate claim against the site owner or another company. They interact.
Editorial content, not legal advice

This guide is written and reviewed by our editorial team to be accurate and current. It is general information, not legal advice, and reading it does not create an attorney-client relationship. Occupational safety standards contain exceptions, their application to transport work is genuinely contested in places, and how any of it affects a civil claim depends on your state. Confirm the position with a licensed attorney. If you are facing an emergency, call 911.

01 What this kind of lawyer does

Quick answer

A flatbed truck accident lawyer handles two quite different injuries. One is the ordinary road collision. The other, more common in this corner of the industry, is a worker falling from the deck or from the load while securing or covering it, which brings in occupational safety rules and often a second defendant who owns the site.

The general mechanics of a commercial vehicle claim are covered in our truck accident guide. What is specific here is that the vehicle is also a raised working platform with no edge protection.

Establishing where the work happened. A yard, a mill, a steel plant or a roadside. Whoever controlled that place may owe duties independent of the employer.

Working out which rules applied. Occupational standards contain exceptions and their reach into transport work is contested, so this is a question to establish rather than assume.

The gist

Whether you fell from a deck or were struck by something that came off one, there is usually more than one party to look at. We can help you find a lawyer when the facts support it, and say so plainly when they do not.

Bottom line: establish where the work was happening and who controlled that place. It frequently matters more than the mechanics of the fall.

02 The deck is a workplace at height

Quick answer

An open deck has no rails, no sides and nothing to arrest a fall. Securing and covering a load means walking on that deck, and frequently climbing onto the freight above it, with hard ground several feet below and no edge protection of any kind.

That is why a flatbed truck accident so often turns out not to involve another vehicle. The worker is on the deck, the surface is uneven, the tarp catches the wind, and there is nothing at the edge.

Why flatbed work puts people at height compared with an enclosed trailer
TaskWhere it is doneWhat is different from an enclosed trailer
Applying and removing straps or chainsOn the deck, at the edgeAn enclosed trailer has walls; here the edge is unguarded on all four sides
Tarping a loadOn top of the freightRequires climbing above deck level onto an uneven, sometimes shifting surface
Checking securement en routeRoadside, often repeatedlyFederal rules require the load to be checked during the trip, so the exposure recurs
Loading and unloadingA shipper or receiver's yardSomeone else controls the premises and whatever access equipment exists

Swipe the table sideways to see every column.

Do not let anyone treat this as a minor fall

A fall from deck height onto concrete is a serious mechanism of injury. Insurers and employers sometimes characterize these as slips or trips because the height sounds modest next to a roof or a scaffold. Head injuries, spinal injuries and complex fractures all occur regularly at these heights, and a person who walked away at the time can deteriorate over the following days. Get assessed the same day and say clearly that you fell from a raised surface and how far.

Forklift loading hay bales onto a semi-trailer truck
The loading site
Usually somebody else's premises.

03 Do you need a lawyer?

Quick answer

Anyone who fell from a deck or a load, and anyone struck by cargo that came off one, should get advice. These cases commonly involve two or more parties, an occupational safety question that is genuinely unsettled in transport work, and a compensation claim running alongside a civil one.

Plenty of these resolve without a lawyer, and an honest firm will say so on the first call. The list below sorts the two situations quickly.

Legal help almost certainly matters if

  • You fell from a deck or from a load and were injured.
  • The fall happened at a customer's or shipper's site.
  • No access equipment or fall protection was made available.
  • Cargo came off a flatbed and struck you or your vehicle.
  • You are being told this is only a workers compensation matter.

It may be simpler than you think if

  • There were no injuries and only minor vehicle damage.
  • The insurer has accepted responsibility in writing and paid in full.
  • Your costs are fully covered and nothing is being disputed.
  • You were not involved and suffered no loss.
Illustrative example

A driver falls from the top of a tarped load in a customer's yard and fractures a wrist and several ribs. The employer opens a workers compensation claim and everyone treats that as the end of it. Nobody has asked what access equipment the site had, whether it was offered, or whether the company that controlled those premises owed any duty at all.

Site conditions change within days and are rarely photographed. A review takes minutes.

You can start a free case review whenever you are ready. There is no cost, no obligation, and if your situation does not call for a lawyer we will tell you that directly.

04 Four feet, and what the standard requires

Quick answer

The federal general industry standard on walking and working surfaces sets its threshold at four feet. Above that height, alongside an unprotected edge, the employer must protect the worker from falling. A trailer deck alone commonly sits at or above that height, and a load on top of it certainly does.

The threshold is worth knowing precisely, because the argument in these cases is often that the height was trivial.

Where the four foot figure comes from
Unprotected sides and edges, four feet and above
29 C.F.R. 1910.28, Duty to have fall protection and falling object protection

The standard provides that, except as provided elsewhere in the section, the employer must ensure that each employee on a walking-working surface with an unprotected side or edge that is 4 feet (1.2 m) or more above a lower level is protected from falling by one or more of the listed methods. The section also carries its own exceptions, including one covering employers inspecting, investigating, or assessing workplace conditions or work to be performed prior to the start of work or after all work has been completed. Whether a particular task on a trailer deck falls inside the rule or inside an exception is exactly the sort of question that gets argued. Read the standard

A different threshold can apply on a construction site

Four feet is the general industry figure. Construction work is governed by a separate body of standards with its own trigger height, and a delivery into an active construction site can raise the question of which regime applies to the person on the deck. We are not stating the construction figure here because we did not retrieve that standard while preparing this page, and a number given from memory is worth nothing to you. Ask a lawyer to confirm which standard applied to where you actually were.

05 The gap between two rulebooks

Quick answer

Transport regulators require the load to be secured and, for many commodities, covered. Occupational regulators govern working at height. The first set of rules puts the worker on top of the load; the second was not written with a moving trailer in mind. Safety professionals have described this as a gap rather than an overlap.

This is the part of the subject most likely to matter in an actual case, and it is not something the industry disputes internally.

How the professional literature describes it
One agency increased the exposure; the other did not address it
R. Ellis, Fall Hazards: Tarping Flatbed Trailers, Professional Safety, American Society of Safety Professionals

Writing in the journal of the American Society of Safety Professionals, the author observes that one agency's rules on load safety and tarp inspection have introduced increased exposure (e.g., the requirement to tarp carefully) without a corresponding action by another agency to address the increased risk of injury. In plain terms: the rules that require a load to be properly secured and covered send a person up onto it, and the framework governing work at height did not move to meet them. Read the article

Two practical consequences follow. First, do not accept an argument that because transport rules required the tarping, nobody owed a duty about how it was done. Second, the absence of a specific rule naming trailer decks is not the same as an absence of duty: ordinary negligence, premises liability and the general obligation to provide a safe workplace all continue to operate.

The federal cargo securement requirements themselves sit at 49 C.F.R. Part 393 Subpart I. We cover what they demand of a load, and who answers when a load is wrong, in our tractor trailer guide rather than repeating it here. On this page the securement rules matter only because of where they put the person.

Blue semi-truck hauling two campers on a flatbed trailer
Nothing at the edge
No walls, no rails, no roof.

06 If something fell off and hit you

Quick answer

You are in a different case from the worker, and usually a stronger one. Cargo that leaves an open deck and strikes a following vehicle points at the carrier and whoever loaded it, and the federal securement rules give you a standard to measure their conduct against.

A flatbed truck accident of this kind has a particular evidential problem: the object that hit you is lying in a traffic lane, and it will be swept up quickly.

  • Identify the vehicle if you possibly can. Plate, company name, USDOT number. Without it the claim usually becomes an uninsured motorist matter against your own policy instead.
  • The object itself is evidence. Photograph it where it lies before it is cleared, and tell the police you want its location recorded.
  • Who loaded it is a separate question from who drove it. Shippers and terminals load flatbeds routinely, and responsibility does not always sit with the carrier.
  • There is a written standard. Federal securement rules set out what was required, which turns a vague argument about carelessness into a measurable one.
Do not stop in a live lane to retrieve anything

Whatever fell off is not worth a second collision. If debris strikes your vehicle, keep control, signal, and get to a safe place off the roadway before doing anything else. Photograph from where you safely are, using zoom rather than walking back. Secondary crashes at debris scenes injure people who were unhurt in the first impact, and no photograph is worth standing in traffic for.

07 The evidence that decides it

Quick answer

For a fall: the deck height, the site and what access equipment existed, any site safety rules, the incident report, and whether anything was offered or refused. For a load loss: the object, the vehicle identity, the loading records, and whoever performed the securement.

The distinctive item in a fall case is the site itself. What the yard had available on the day is a fact that stops being provable once the layout changes.

  • Photographs of the site. The loading area, any platforms, gantries or fall arrest points, and where the trailer was standing.
  • The deck height and the load height. Measured, not estimated, because the four foot threshold turns on it.
  • The site's own safety documents. Contractor rules, induction materials and any written procedure for drivers securing loads on their premises.
  • The incident report. Both the employer's and the site's, which are often different documents saying different things.
  • For a load loss, the object and the paperwork. What fell, plus the bill of lading and any record of who loaded and secured the vehicle.

08 What to do after a fall

Quick answer

Get medical attention and say you fell from height and how far. Then: report it in writing to both your employer and the site, photograph the location before anything changes, record what equipment was and was not available, decline recorded statements, and get preservation demands out.

The second step is the one people skip, and it is the one that creates the record against the site rather than only the employer. If instead you were struck by cargo that came off a flatbed, the sequence is different and it is set out in section 06 above.

1

Get medical attention and describe the height

Say plainly that you fell from a trailer deck or from a load, and roughly how far. Fall mechanism drives imaging decisions, and head and spinal injuries from these heights are frequently missed when the fall is described only as a slip.

2

Report it to the site as well as your employer

In writing, on the day if possible. A site incident report is a separate document from your employer's and it is the thing that later establishes the premises owner knew. Ask for a copy or a reference number.

3

Photograph the location before it changes

The trailer position, the deck, the load, the ground you landed on, and the wider yard showing what access equipment did or did not exist. Yards get rearranged within days.

4

Record what was available and what was offered

Was there a platform, a gantry, a harness point, or nothing at all. Was anything offered to you and did anyone tell you to hurry. Write it down while you remember it exactly.

5

Decline recorded statements

You are not required to give one. With an employer, a site owner and two or more insurers potentially involved, early accounts get used to narrow the claim later.

6

Demand the records in writing

Naming the site incident report, the site's safety and contractor documents, any camera footage covering the loading area, and your employer's training records.

A long, flatbed trailer with multiple wheels
Timing
Yards get rearranged in days.

09 Deadlines and vanishing evidence

Quick answer

The statute of limitations is set by state law and is commonly two years, though some states are shorter. A workers compensation claim has its own, usually much shorter, reporting deadline. And the site where you fell can be rearranged within days.

The compensation reporting deadline is the trap here, because it can expire while everyone is still treating the injury rather than the claim.

  1. Days 1 to 7

    Report to the employer, and to the site

    Compensation systems impose short reporting windows and late notice is a common reason claims are refused. The site report is separate and equally worth doing early.

  2. Days 1 to 30

    Site conditions change and footage overwrites

    Loading yards are reconfigured constantly and camera systems commonly overwrite within weeks. Preservation demands need to land inside that window.

  3. Months 1 to 6

    The vehicle and the load are long gone

    The trailer returns to service and the freight is delivered. Deck height and configuration become matters of record rather than inspection.

  4. Year 1 to 2

    The civil filing deadline arrives

    Two years is the most common period, and some states are shorter. Confirm both the civil deadline and the compensation deadline rather than assuming they run together.

Bottom line: report in writing to both the employer and the site in the first week. Everything else gets easier if that exists.

10 How state law changes the answer

Quick answer

State law decides whether you can sue a site owner as well as claim compensation, how much a premises occupier owes to somebody else's employee, whether breach of a safety standard proves negligence, what a compensation insurer can recover from your settlement, and the filing deadline.

The premises question is the one that most often decides whether there is a case beyond compensation at all.

  • Duties owed to a visiting worker. States differ substantially on what a site owner owes to a contractor's or carrier's employee working on their premises.
  • The exclusive remedy rule, and who counts as your employer. Compensation usually bars suing your own employer but not a third party. The fight is over who counts as the employer. Several doctrines can pull a site owner or an upstream company inside that protection, and they travel under recognized names worth knowing: statutory employer, special employer or borrowed servant, and, running the other way, dual capacity, which can let you sue an employer acting in some other role. Which of these your state recognizes, and how broadly, decides whether a claim against the site exists at all.
  • Effect of a safety standard breach. Some states treat violation of a safety standard as establishing negligence. Others treat it as evidence a jury weighs.
  • Compensation liens. What the compensation insurer may claim back out of a civil recovery differs by state and can change the arithmetic considerably.
  • Shared fault. Most states reduce recovery by your share. A minority bar it entirely once that share crosses a threshold.
Red semi-truck parked at industrial lot
Choosing counsel
Ask about the site, not just the fall.

11 How to choose a flatbed truck accident lawyer

Quick answer

Look for a firm that asks where you were standing and who owned the place before it asks about your injuries, that treats the workers compensation claim and any third party claim as one strategy, and that knows the occupational standard's application to transport work is contested rather than settled.

The quickest test is whether they ask who controlled the site. A firm that hears "fell at work" and files only a compensation claim may be leaving the larger claim untouched.

  • They ask who owned the premises. Early, because that is where a third party claim lives.
  • They handle both claims as one plan. Compensation and civil, including how a lien will be dealt with at the end.
  • They treat the standard as arguable. Rather than assuming either that it plainly applies or that it plainly does not.
  • They move on site evidence. Photographs, footage and site documents, within days.
  • An active, clean license. Verified good standing with the state bar and no unresolved discipline. You can check this yourself.

12 Questions to ask, and red flags

Quick answer

Ask whether there is a claim against anyone besides your employer, who controlled the site, what has been demanded in writing and when, how the compensation lien will be handled, which safety standard they say applied, and exactly what the fee agreement says about costs if you lose.

You are interviewing them as much as they are assessing you. Vague answers to specific questions tell you a great deal.

  1. Is there a claim here against anyone other than my employer?
  2. Who controlled the site, and what did they owe me?
  3. Which fall protection standard do you say applied, and why?
  4. Has the site's incident report been requested, and on what date?
  5. Is any camera footage of the loading area being preserved?
  6. How will the workers compensation lien be handled at the end?
  7. What is your contingency percentage, and who pays costs if we lose?
  8. What are the genuine weaknesses in my case?
Walk away if you hear

Compensation only, without looking further. A third party claim against the site owner is frequently the larger one. No interest in the premises. Who controlled the place is often the whole question. Certainty about the standard. Its application to transport work is genuinely contested; anyone who is sure has not looked. Silence on the lien. It comes out of your money and it should be discussed at the start. A promised number. Nobody can value this before the parties and the site facts are established.

How we vet every lawyer

We do not connect people with just anyone. Before we do, the attorney has to clear a checklist built for workplace and commercial vehicle cases. Every one of these has to be true.

  • Active, discipline-free license

    Verified good standing with the state bar, with no unresolved discipline on record.

  • Workplace and third party experience

    A documented record running compensation and civil claims together, including against site owners and contractors.

  • Moves fast on site evidence

    Photographs, footage and site documents demanded in the first days, while the yard still looks the same.

  • Clear contingency terms

    Fees, case costs and any compensation lien explained in writing up front, so you know how it works before signing.

Tell us what happened and we will only match you when a case genuinely fits.

Help in all 50 states

MVA Lawyer Network is a nationwide guide. Wherever it happened, we can connect you with an independent attorney licensed in that state.

Northeast Southeast Midwest Southwest West Coast Mountain West Gulf States Freight and industrial corridors

Federal occupational standards are national, but the civil consequences are not. Your state decides what a site owner owes to another company's worker, whether compensation bars a claim against anyone else, what a compensation insurer can take back out of a settlement, whether breach of a safety standard establishes negligence, and the filing deadline known as the statute of limitations. You can start a free case review and a local, state-licensed attorney will sort this out at no cost to you.

Sources and authorities

This page rests on fewer sources than most of our guides, and we would rather say so than pad the list.

Federal occupational standard

  • 29 C.F.R. 1910.28, Duty to have fall protection and falling object protection. Source of the four foot threshold in section 04 and of the exception quoted there. OSHA.

Professional safety literature

  • R. Ellis, Fall Hazards: Tarping Flatbed Trailers, Professional Safety, the journal of the American Society of Safety Professionals. Source of the description in section 05 of the gap between load safety rules and fall protection. This is a professional body's journal rather than a government release, and it is presented as informed professional opinion. Professional Safety.

Cited by section only

  • 49 C.F.R. Part 393 Subpart I, the federal cargo securement requirements. Referenced in sections 05 and 06 to identify where the obligation sits. We do not restate its contents on this page, and no figure from it appears here.

What we have left out. Several figures circulate about flatbed falls: that loads routinely reach twelve feet or more, that tarps commonly weigh over two hundred pounds, and that a large share of fatal falls happen from ten feet or less. Every version we found appeared on the website of a company selling fall protection equipment, with no traceable source. None of them appears above. We have also left out the trigger height for construction work, because we did not retrieve that standard while preparing this page and section 04 says so rather than guessing.

Why we name no states. Whether you can sue the company that controlled the site turns on doctrines that differ sharply between states. We looked for authority we could cite for particular states and found only law firm publications summarizing statutes and cases at second hand. On a question this consequential, where being subtly wrong could cost a reader a claim, we would rather give you the correct search terms than a confident sentence resting on somebody's marketing page. Section 10 names the doctrines so you can look up your own state's position and put the right question to a lawyer.

On what is genuinely unsettled. How occupational fall protection standards apply to a driver working on a trailer deck, particularly on somebody else's premises, is contested rather than resolved. This page describes it that way deliberately. If you read a page that states a clean rule, treat that as a claim to check rather than an answer.

Our editorial standards

How we keep this guide accurate and worth trusting.

01

Primary sources, linked

The standard and the article behind every claim on this page are linked so you can read them yourself.

02

We say when we do not know

Section 04 declines to give a figure we did not retrieve, rather than supplying one from memory.

03

Editorial, not legal advice

This is general information to help you make decisions, not advice about a specific case in a specific state.

04

Honest about how we operate

We are an independent referral service, not a law firm, and we may be paid a referral fee by the attorney if you hire through us.

Michael Mangione, Legal Research Editor
Michael Mangione Verified editor
Legal Research Editor · Founder, The Mangione Group, Inc.

MVA Lawyer Network is edited by Michael Mangione, who has spent more than twelve years working inside contingency-based law firms, building intake departments, designing qualification frameworks, and studying how claims are screened and pursued from the first call through resolution. He built this site to turn dense regulatory material into guidance people can actually use, then connect them with a lawyer worth their time. Michael is not a practicing attorney and does not give legal advice. Sources are linked so readers can check the current position themselves.

Common questions, answered

General information, not legal advice. Whether you can claim against a site owner, and what a compensation insurer can recover, both differ by state, so talk to a licensed attorney about your own situation.

I fell off a flatbed at work. Is that just a workers compensation claim?

Not necessarily. Compensation usually prevents you suing your own employer, but it does not prevent a claim against a different company. If you fell at a shipper's or customer's premises, that business may owe duties of its own about the state of the site and what access equipment it provided. That third party claim is frequently the larger one, and it is the thing most often missed when a fall is treated as routine.

How high does the deck have to be for fall protection rules to apply?

The federal general industry standard, 29 C.F.R. 1910.28, sets the figure at four feet above a lower level alongside an unprotected edge. A trailer deck alone commonly reaches that, and standing on a load certainly does. The standard has its own exceptions though, and different standards govern construction work, so which rule applied to your situation is a question worth having a lawyer establish.

Is it true that no rule covers falls from trucks?

That overstates it. What is fair to say is that the fit between transport rules and occupational fall protection is imperfect and genuinely argued about. A safety professional writing in the journal of the American Society of Safety Professionals put it that one agency's load safety and tarping rules increased exposure without another agency acting to address the resulting risk. An imperfect fit is not the same as no duty: ordinary negligence and premises obligations still apply.

Who is responsible if there was no equipment to work from safely?

Potentially your employer, the site owner, or both. The employer's duty is to provide a safe system of work. The site's duty concerns the state of its premises and what it made available to people working there. What existed in that yard on that day, and whether it was offered to you, is a question of fact worth photographing and writing down immediately, because yards change.

Something fell off a flatbed and hit my car. What do I do?

Keep control and get somewhere safe off the roadway before doing anything else. Do not go back into a live lane for the object or for a photograph. If you can identify the vehicle, its plate, company name or USDOT number, that matters enormously, because without it the claim often becomes an uninsured motorist matter against your own policy. Photograph the object from a safe position and ask the police to record where it was lying.

Who is liable when cargo comes off, the driver or whoever loaded it?

It can be either or both. Flatbeds are frequently loaded and secured by a shipper or a terminal rather than by the driver, and federal securement requirements at 49 C.F.R. Part 393 Subpart I set a written standard the conduct can be measured against. Establishing who actually performed the securement is an early priority, because the answer determines who is worth pursuing.

The insurer says it was only a short fall. Does the height matter?

It matters legally, because the four foot threshold turns on it, and it matters medically, because a fall onto concrete from deck height produces serious injuries routinely. Measure the deck height and the load height rather than estimating. Do not accept a characterization of the incident as a slip or a trip if you in fact came off a raised surface, because that framing changes both the medical workup and the legal analysis.

What is a workers compensation lien?

Where compensation has paid your medical bills and wage benefits, and you then recover from a third party, the compensation insurer usually has a right to be repaid some of that out of your settlement. How much, and whether it is reduced to reflect your legal costs, is governed by state law and varies considerably. It comes out of your money, so ask how it will be handled at the very first meeting rather than at the end.

What evidence matters most in a fall case?

Photographs of the site before it changes, showing the trailer position, the ground and what access equipment existed. Then the site's own incident report, which is a separate document from your employer's, the site's contractor and safety rules, any camera footage of the loading area, and measured deck and load heights. Site conditions are the thing that becomes unprovable fastest.

How quickly do I need to act?

Faster than the civil deadline suggests. Workers compensation systems impose short reporting windows and late notice is a common reason claims are refused. Camera footage often overwrites within weeks and loading yards are rearranged constantly. The civil statute of limitations is commonly two years depending on your state, but the evidence that decides the case is usually gone long before.

Can I claim if I am an owner operator rather than an employee?

Often yes, and the analysis changes rather than disappears. Without an employer's compensation cover, the claim against whoever controlled the premises becomes more central, and your own occupational insurance arrangements matter more. Whether you were genuinely independent or functionally an employee is itself sometimes contested, and it affects both what cover exists and who can be sued.

What does a lawyer cost?

These cases are handled on a contingency fee, commonly 33 to 40 percent of what is recovered, set out in the written agreement. You pay nothing up front and no hourly rate, and the firm advances case costs. Ask what happens to those advanced costs if the case is lost, and ask specifically how the fee interacts with any workers compensation lien, because that combination determines what actually reaches you.

Is what I tell you private?

Yes. What you share in a case review is kept private and is used only to match you with an attorney who fits your situation. One distinction is worth understanding: true legal confidentiality, called attorney-client privilege, only attaches once you actually have an attorney-client relationship with a lawyer. Submitting a form to a referral service is not the same thing. If that matters to you, raise it directly with the attorney.

What does it cost to use MVA Lawyer Network?

Nothing. We are a free, independent referral service, not a law firm, and we do not give legal advice. Requesting a case review costs you nothing and puts you under no obligation. When a situation fits, we connect you with an independent flatbed truck accident lawyer who reviews it directly, and we may be paid a referral fee by that attorney. That fee does not add anything on top of their contingency percentage. You can read more about how we operate.

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