If you have ever been hurt in a car accident, truck accident, slipping fall, or other personal injury incident, and thought that you could not afford a lawyer, the good news is that you’re wrong. As a lawyer such as our friends at Blaszkow Legal, PLLC will tell you, most personal injury lawyers work on a contingency fee basis. That means that they don’t get paid unless you collect money. There is generally no upfront cost, no hidden fee, and talking to a lawyer is generally free.
Understanding Contingency Fees
A contingency fee means that the lawyer is paid only if there is recovery in the case. Recovery means money that is received into the office, from the responsible parties in your case. This fee is a percentage of the overall recovery. The percentage varies by attorney and by state. Generally, personal injury cases are settled with a 1/3 contingency fee. Some law firms may charge more, because of the expense necessary in working a specific case. Oftentimes, a contingency fee will increase if the law firm has to file a lawsuit. Lawsuits, regardless of where they are filed, are prohibitively more time consuming, and more involved to process.
Clients may also be responsible for the expenses in a case. Expenses are not part of the attorneys fees. Expenses cover the things necessary to get to the final settlement. Some examples of expenses include:
- Police Report costs
- Medical Records fees
- Copying and Postage (Mailing, fedex, etc)
- Court filing fees
- Service fees for legal documents, such as private process servers
- Investigative expenses
Many people erroneously believe that these expenses are included in the attorney fees. While the rules governing attorneys are different from state to state, generally, this is not part of the fee you, specifically because they have to be itemized. They have nothing to do with the attorney’s responsibilities to pay for staff, offices, professional insurance and such. These things are calculated into the attorneys contingency fee.
It is important to remember that in contingency fee cases, the personal injury lawyer is absorbing all of the risk. The attorney and the law firm are dedicating attorney time, paralegal and investigator time, and other resources to working your case, even though you could lose the case. Not every case will be won, but many law firms will fight aggressively on these cases all the same.
Speaking To An Attorney About Your Case
If you have been hurt in a car accident or other personal injury matter, you should talk to an attorney right away. For attorneys working on a contingency fee basis, there is often no consultation fee for personal injury cases. This is very different from family law cases, divorces, criminal law matters, and other such little issues, where the initial consultation often does have a cost. It is important to speak to an attorney as soon as possible after an accident. If you are still wary about the potential cost, it can be helpful to speak about it with a lawyer.