Contingent Fees in Personal Injury Law

An unexpected injury can throw a curveball in your plans. Medical bills and time out of work can be overwhelming, and while you would like to recover these expenses through a lawsuit, you can't imagine another bill. So how do you pay for your personal injury attorney?

Luckily, personal injury litigation is available to anyone because of the contingent fee agreement. Your attorney receives compensation from a percentage of the total recovery in the claim. This recovery can be from an official jury verdict, a settlement, or any alternative resolution. This form of payment is great for the victim in the case because the attorney's pay is contingent on the victim receiving payment. Therefore if you don't receive a penny, neither does your lawyer.


This can be advantageous for you as the plaintiff for a couple reasons. First, you can't really lose any money if you're never awarded a payment. More importantly, contingency fees help you test your case. If your attorney is ready and willing to accept your case, you more than likely have a valid claim. Since the attorney doesn't receive compensation for a lost case, they won't want to spend too much time or effort on a weak claim. Most attorneys have a solid understanding of whether you have a case or not, so if you can't find an attorney to take your case, you may not have one.


Finally, working for a percentage will motivate your attorney to get you the best settlement possible. In most cases their percentage of your award will be from 33-40% but can vary depending on whether you can settle out of court, or if you decide to file an appeal. The type of case will also have an effect on the attorney's percentage. Medical malpractice and product liability cases tend to consume much more time and effort and therefore the percentage will be more.


While your attorney's fees may be covered by the contingent fee arrangement, the costs and expenses will not be. Some of these fees will include paying the Clerk's office the release any medical records or hiring of an expert witness to testify in your case. These expert witness fees can exceed $20,000. Most of the time, your attorney will agree to advance you on these fees and add them to your final attorney fee. If you don't recover any of your expenses some attorneys will hold you responsible for the re-payment of these fees.


Each attorney is different and each case is unique. If you have been injured please contact a Waco or somekeyword immediately to discuss your case.

Jeff Davis is the Owner of the Davis law firm, and a highly experienced Waco and somekeyword. To find out more information about a Waco or somekeyword, please visit somekeyword.