The Equal Access to Justice Act, also known as EAJA, was enacted in 1980. This law enables individuals who prevail in specific cases against the government to recover the expenses incurred on legal representation and any hired experts.
The Equal Access to Justice Act (EAJA) is a federal law enacted in 1980. Its purpose is to enable individuals or organisations who prevail in lawsuits against the government to be reimbursed for their attorney’s fees and expert-witness fees. For instance, if a small business owner successfully sues the government, they can utilise the EAJA to recover the expenses incurred for their legal representation and any experts they enlisted for assistance. The EAJA plays a crucial role in promoting fairness by ensuring that individuals and organisations are not financially burdened by the high costs of legal fees and expert witnesses when they prevail in lawsuits against the government.
The Equal Access to Justice Act is a federal law that allows individuals, small businesses, and certain other entities to recover attorney’s fees and other expenses from the federal government in certain cases.
Individuals, small businesses, and certain other entities who prevail against the federal government in certain administrative proceedings or court cases may be eligible to receive attorney’s fees under the EAJA.
The EAJA covers cases involving federal agencies, such as Social Security disability claims, veterans’ benefits claims, and environmental protection cases, among others.
The amount of attorney’s fees that can be recovered under the EAJA is subject to certain limitations and is determined by the court or agency handling the case.
There are no income requirements to be eligible for attorney’s fees under the EAJA.
Yes, in addition to attorney’s fees, individuals and entities may also be able to recover other expenses, such as expert witness fees and travel costs, under the EAJA.
To apply for attorney’s fees under the EAJA, you must file a motion with the court or agency that handled your case, along with documentation of the fees and expenses you are seeking to recover.
Yes, there are specific time limits for filing for attorney’s fees under the EAJA, so it is important to act promptly after prevailing in your case.
In some cases, individuals and entities may still be able to recover attorney’s fees under the EAJA even if they settle their case with the federal government.
Yes, if your request for attorney’s fees under the EAJA is denied, you have the right to appeal that decision to a higher court or administrative body.
This site contains general legal information but does not constitute professional legal advice for your particular situation. Persuing this glossary does not create an attorney-client or legal adviser relationship. If you have specific questions, please consult a qualified attorney licensed in your jurisdiction.
This glossary post was last updated: 17th April 2024.
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