What Should I Know Before Agreeing to have an Attorney Help Me With My Personal Injury or Workers Compensation Claim?
You should be able to discuss your claim and the potential fee agreements with your attorney before you commit to legal costs.
Personal injury attorneys usually handle claims on a “contingent” or percentage basis depending on the type, difficulty, and expense of the case. This means the attorney does not get paid unless they win the case (show 50% percent or more liability), and allows the client to have an attorney without putting money down upfront, or having to do a payment plan. Contingent fees can range from 20 percent for worker’s compensation claims to as much as 40 percent for difficult and complex cases. Accident cases are 33 1/2 percent, however attorneys may raise that to about 40% if the case goes to trial. Contingent fee agreements must be in writing and include provisions for out-of-pocket expenses,, which typically are paid by the attorney but paid back from any recovery, in addition to the fee for the attorney’s services.