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Typically, Foster Law Firm handles cases on a contingency fee basis. Occasionally, there are exceptions where Foster Law Firm will handle matters on an hourly basis or for some flat fee, but the vast majority of the cases handled by the firm are handled on a contingency fee basis. Contingency fee means that the client does not pay any fee until money is recovered. The amount of the fee is based upon a percentage of the gross recovery which is agreed upon in writing at the outset of the representation and is computed before the deduction of any case expenses or liens. Besides attorney’s fees, any monies that are expended by the firm in pursuit of the case (which are known as "costs") are also reimbursed from the client’s portion of the recovery. The contingency fee agreement is always in writing for the client’s protection and is signed by the client with the client being given a copy. Foster Law Firm generally believes that if they cannot recover money for you that they will not be paid. It is very rare for Foster Law Firm to ask for any sort of retainer to even cover costs that are required to proceed with the case. Generally, the firm will advance the costs rather than to ask the client to do so. Most ERISA, insurance and personal injury cases, the firm works solely on a contingency fee basis.

Foster Law Firm has lawyers that are admitted to practice in South Carolina and North Carolina. However, at any particular time, Foster Law Firm has cases pending in other states and participates in such cases with the assistance of lawyers admitted in those states where the cases are pending who serve as "local counsel". Foster Law Firm’s lawyers are frequently admitted to practice on a limited one case basis in jurisdictions other than South Carolina and North Carolina through a process known as "pro hac vice" admission. Foster Law firm lawyers will be responsible for obtaining "local counsel" if necessary, and procuring any “local counsel” will not affect the client’s fee arrangement with the firm in any way.

No. The firm prides itself on client accessibility. The firm can do everything through this website, over the phone or via mail or overnight express to accommodate a client’s special needs or geographic restrictions. Given our nationwide service, the need to accommodate clients in places remote from the law firm’s central office is a paramount concern to the firm. If you believe you have a case and cannot make it to the firm’s offices in Greenville then we will make arrangements to review your case and represent you without the need for you to have to travel to Greenville.

Yes, you do need an attorney through the administrative appeal. It is very likely that the administrative appeal is the most important step in the entire process, as that is your chance to compile evidence in support of your claim. Handling an appeal without an attorney creates a very significant risk of damaging your claim. When an individual handles an administrative appeal without an attorney, they very often severely damage the value of the claim or even damaging the claim so much so that an attorney can no longer file suit afterwards. The appeal is very likely the only chance to submit evidence on behalf of the claimant and, therefore, I would strongly encourage you to have an attorney. If you do not hire our law firm, please, at least, find other counsel to assist you with the appeal.

Yes, you can and should. While the interplay of these various types of cases is very complex, it is still likely that you are entitled to your ERISA short term and long term disability benefits at the same time you are receiving Social Security disability or other types of benefits. If you wait to pursue your ERISA benefits until another case is resolved, then you will very likely miss the deadline to file your claim and will be forever barred from pursuing it.

If you have an insurance or ERISA case then different time periods may apply. If you have an insurance case that is filed in State Court then you can expect your case to take up to a year and a half potentially. Most insurance cases settle before they are called to trial, but if your case does not settle and goes to trial then it will likely be approximately a year and a half after the case is filed that the case will be called to trial. If you have an ERISA case then it is very possible that your case can be either resolved or decided by a judge within six months after the filing of the suit. ERISA cases tend to move through the court system much more quickly than other cases. Unfortunately, the foregoing is only true once the lawsuit has actually been tiled. The ERISA claim itself has to go through a review process before a lawsuit has actually been filed. The review process can take time and it is described in more detail for clients of the firm in the "ERISA and Insurance Frequently Asked Questions" document that is provided to the firm's clients. However, once an ERISA governed claim is filed in Federal Court such claims tend to move through the system much more quickly than an ordinary lawsuit.