In personal injury cases—such as automobile collisions, motorcycle accidents, slips and falls, and the like—your lawyer gets paid only from the settlement or jury award that the attorney gets for you. You pay nothing up front or as you go along. The personal injury lawyer representing the injured party works on a “contingency fee” basis: He or she takes a percent of the settlement or award he or she manages to get for you. If the case goes to trial and the jury finds that the other party was not at fault (not “negligent”) and therefore does not have to pay a dime for your injuries, you do not owe the attorney anything for his or her legal services and representation of you.
The percent of the fees the attorney is entitled to generally depends upon at what stage of the lawsuit the case settlement. If the case settles before a formal complaint is filed with the court, the fee may be smaller than if the case settles after the complaint is filed. And the attorney’s fees may go up another level after a trial date is set. Generally, attorney’s fees are 33% of the recovery the attorney gets for you before the trial date is set and 40% after the trial date is set. While you may think these figures are high, studies show that injured victims receive more money in their pockets when they are represented by a lawyer than if they try to handle the matter itself. While you might be able to negotiate a minor fender bender on your own, for more serious injuries and death cases, you need to be represented by an experienced personal injury lawyer who will work his or her hardest to get you the highest amount for your injuries or loss.
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Tags: attorneys fees, cant afford lawyer, cant pay lawyer, contingency fee
