You don’t want the extra worry about how you will be able to afford a lawyer when you are recovering from an injury or accident. One of the biggest questions most people who have been hurt have is: “How much does a personal injury lawyer cost?” You ought to be aware of attorney fees before you decide whether or not you will hire a lawyer. Luckily, the exceptional majority of personal injury lawyers employ a fee system that allows anyone, regardless of their income level, to be capable of employing an attorney.
This is referred to as a contingency fee agreement.
I am going to inform you in this article what a contingency fee is, how much percentage you are probably going to pay, what else will probably be charged, and how to negotiate fees with your attorney prior to signing a contract. I want to give you cut-and-dry, honest information so that you will feel informed to go ahead.
What is a Contingency Fee?
A contingency fee is the most common fee structure for personal injury cases. Your attorney is only paid if he or she recovers on your behalf, either through settlement or trial judgment. You pay no attorney’s fees if you lose.
This is why this structure is so great:
No cost out-of-pocket. You won’t have to pay cash when you’re already facing medical bills and lost wages.
Shared risk. Your lawyer takes the money risk of pursuing the case, which makes them want to do their best on your case.
Access to justice. Without savings or insurance, you still can afford to hire a skilled lawyer to help you.
Contingency fees make your interests align with those of your attorney. Both of you want the same thing: the greatest recovery you can obtain.
Traditional Contingency Fee Rates
Most personal injury lawyers charge a contingency fee ranging between 33.3% (a third) and 40% of the recovery. The actual fee will depend on many considerations:
Case Complexity. A straightforward auto accident claim settled promptly will be closer to one-third. A multi-layered medical malpractice with expert witnesses and litigation spanning many years will be larger.
Stage of Settlement. Most fee arrangements allow for percentages based on when the case settles. For example, the fee might be 33.3% if the case settles prior to suing but increase to 40% if it goes to trial.
Jurisdiction and Custom. Percentages can vary slightly depending on state and local perceptions of custom.
Example: Let’s say your lawyer settles your case for $90,000. Under your 33.3% contingency fee agreement, your lawyer’s fee would be $30,000. You would retain the remaining $60,000, minus other case expenses.
Other Possible Fees and Expenses
Although the contingency fee compensates your lawyer for his or her professional services, there will generally be other expenses of bringing an action. These are:
- Court filing fees
- Expert witness fees
- Fees for obtaining medical records and police reports
- Deposition and transcript charges
- Travel fees for witness or deposition
Whether expenses are deducted makes a difference. Some attorneys deduct costs first when computing their fee, and others deduct costs last. For example:
If your case resolves for $100,000 and expenses are $5,000:
If expenses are deducted first, the attorney’s 33.3% fee is taken from $95,000, which is $31,666. You would get $63,334.
If you deduct the cost down the road, your attorney fee is $33,333, and you will have $61,667 remaining.
Most attorneys pay these out-of-pocket expenses for you and deduct them from your final settlement, so you will not have to pay them en route. Always ask your attorney to break down how costs will be handled prior to signing your fee agreement.
Negotiating Attorney Fees
Your lawyer fees aren’t always negotiable. Here are some lawyer fee-negotiation tips for your lawyer:
Ask for clarity first. Ask for the percentage in writing, how charges are handled, and if the percentage would be adjusted if the case goes to trial.
Ask for flexibility. Some lawyers will accept a small reduction in simple cases or when responsibility is clear.
Understand trial fees. Many agreements allow for a higher fee if the case requires significant additional work, such as going to court or handling appeals. Ask about this scenario so you’re not surprised later.
Transparency is key. A trustworthy attorney will explain the fee structure clearly and answer your questions without hesitation.
The Value of a Personal Injury Lawyer
It’s natural to ask if the lawyer fees are worth it. And in the vast majority of cases, the answer is yes. Here’s why:
More Money. Research has proven that injured individuals who hire lawyers usually get more money than those who go it alone—even after deducting lawyer charges. Legal Know-How. Personal injury law is specialized. A seasoned lawyer knows how to establish fault, determine damages, and negotiate well with insurance providers. Peace of Mind. Letting deadlines, forms, and negotiations to a professional allow you to focus on improving. Trial Advocacy. In the remote chance your case does go to trial, your lawyer’s trial skill can mean the difference between winning and losing. Plain and simple, while an attorney gets a percent of your settlement, she or he might bring you a lot more money than you could get yourself.
Conclusion
Understanding how personal injury lawyers charge is a part of hiring the right lawyer. They typically charge on a contingency fee, between 33.3% to 40% of your award. While there may be more fees, an open and honest fee agreement lets you know what to anticipate.
Investing in the future is finding a personal injury lawyer. The proper lawyer can not only secure you the maximum settlement available, but also make the legal process an easier, less painful thing to navigate. If you have been hurt and are thinking about seeking legal counsel, call us today for a free consultation. We will review your case, freely disclose our fee structure, and guide you on the path to the recovery that you deserve.
If you’ve been injured and are considering legal representation, contact Smith & Green, Attorneys At Law, P.L.L.C. today for a free consultation. We’ll review your case, explain our fee structure clearly, and fight for the compensation you deserve.
FAQs
Do I have to pay my lawyer if I lose my case?
No. With a contingency fee arrangement, you do not owe attorney’s fees if we don’t recover compensation for you.
What percentage do most personal injury lawyers charge?
Most charge between 33.3% and 40% of the settlement or verdict, depending on the case complexity and stage of resolution.
Are case expenses included in the contingency fee?
No. Expenses such as filing fees or expert costs are typically deducted separately, but most firms, including ours, advance these costs on your behalf.
Can I negotiate my lawyer’s fee?
Yes. Some attorneys may be open to negotiation, especially in straightforward cases. Always discuss fees in advance and get the agreement in writing.