Understanding Personal Injury Lawyer Fees

At Jeanette Secor, PA Attorney At Law, we understand that hiring a personal injury lawyer can seem overwhelming, especially when it comes to understanding how much it will cost. Most personal injury lawyers work on a contingency fee basis, which means you only pay if you win your case.

In personal injury cases such as car accidents, slip and fall incidents, and medical malpractice, understanding the personal injury lawyer fee structure is essential. If you’re curious about how much a personal injury lawyer fee will be and what to expect, we’ve broken it down for you.

For a consultation, call us at (727) 822-8818.

What Are Contingency Fees?

Most personal injury attorneys operate under a contingency fee structure, meaning the lawyer’s fee is contingent upon the outcome of the case. Simply put, the attorney only gets paid if you receive compensation, whether through a settlement or a court judgment.

If you lose your case, you generally don’t owe any legal fees, but you may still be responsible for other “costs and expenses,” such as court filing fees or fees for hiring expert witnesses.

What Percentage Will a Personal Injury Lawyer Charge?

Typically, the personal injury lawyer fee is between 33% and 40% of your settlement or court-awarded compensation. For example, if you receive a settlement of $30,000, your lawyer would take one-third (33%) of that amount, which would be $10,000, leaving you with $20,000.

Many lawyers offer a sliding scale fee structure based on the stage of your case:

• Negotiation stage: If your case is settled before filing a lawsuit, the attorney’s fee is usually around 25% to 33%.
• After lawsuit filing: Once a lawsuit is filed, the fee typically increases to 33%.
• Trial stage: If the case proceeds to trial, the fee can rise to 40% or more due to the additional work involved.

At Jeanette Secor, PA Attorney At Law, we are upfront about our fees, ensuring you know exactly how much of your settlement or award will go toward legal fees and costs.

What Are the Costs and Expenses in a Personal Injury Case?

Even if your lawyer works on a contingency fee basis, you may still be responsible for costs and expenses related to your case. These expenses can include:

• Court filing fees
• Copying medical records and police reports
• Expert witness fees
• Administrative costs, such as postage
• Depositions and transcripts
• Trial exhibits

These costs can add up quickly and may total several thousand dollars. It’s common for the total costs and expenses to amount to 45% to 60% of your settlement. For example, if your case settles for $30,000 and your legal expenses total $6,000, your attorney will deduct the $6,000 from the settlement first, leaving $24,000. The attorney’s fee (33%) would then be calculated on that remaining amount, meaning the lawyer would take $7,920, and you would keep $16,080.

Sliding Scale Contingency Fees

Some personal injury lawyers offer a sliding scale contingency fee structure, which means that the percentage of the lawyer’s fee can change depending on how far along the case has progressed:

• Pre-lawsuit settlement: If the case is settled without filing a lawsuit, the attorney might charge a lower percentage, such as 25%.
• Litigation phase: After a lawsuit is filed, the lawyer’s fee typically rises to around 33%.
• Trial phase: If the case proceeds to trial or becomes particularly complex, the fee can increase to 40% or more.

This sliding scale reflects the increasing amount of work that the lawyer must undertake as the case moves forward.

For a consultation, call us at (727) 822-8818

Do You Pay if You Lose?

If your case doesn’t result in a settlement or favorable judgment, you typically won’t owe attorney fees. However, you could still be responsible for some of the costs and expenses that arose during the case, such as court filing fees or expert witness payments.

Be sure to clarify these potential costs with your lawyer at the start of your case. At Jeanette Secor, PA Attorney At Law, we explain everything clearly in the fee agreement so there are no surprises down the road.

Who Receives the Settlement Check?

When your case is settled, or you win a judgment, the settlement check typically goes to your lawyer first. This is to ensure that any outstanding liens (such as unpaid medical bills) are paid. After these expenses are handled, your lawyer will deduct their legal fees and any other costs outlined in your fee agreement.

Your lawyer should provide you with an itemized breakdown of all deductions, showing exactly how much of the settlement was used for fees, costs, and other expenses. If you ever have concerns about your bill, local bar associations offer fee dispute arbitration programs to help resolve any issues.

What Happens If You Fire Your Lawyer?

If you decide to switch lawyers or represent yourself, you may still owe fees and costs to your former lawyer for any work completed up to that point. Depending on the terms of your fee agreement, your former lawyer might hold your case file until payment is made. They could also take legal action to recover unpaid fees.

Before making any decisions, it’s best to discuss the financial implications with your current lawyer.

Other Types of Fee Arrangements

Although contingency fees are the most common arrangement for personal injury cases, there are other types of fee structures that lawyers may use for different legal matters:

• Flat or fixed fees: For straightforward legal services like drafting a will or handling an uncontested divorce, lawyers may charge a flat fee.
• Hourly fees: In some cases, attorneys charge an hourly rate. This fee structure is less common for personal injury cases but may apply in situations where you’re seeking legal advice or limited representation.
• Retainer fees: A retainer is a down payment on legal services, which is then drawn upon as the lawyer completes work on your case.

Can You Make the Other Party Pay Your Lawyer Fees?

In most cases, each party is responsible for their own legal fees. This is known as the American Rule, where each side pays for their own attorney, win or lose. However, there are exceptions where the losing side may be required to pay the other party’s legal fees:

• Statutory exceptions: Some laws require the losing side to pay legal fees.
• Contractual provisions: If there is a contract in place that includes an attorney fee clause, the losing party may be responsible for fees.
• Court-ordered exceptions: In certain cases, a court may order one party to pay the other’s legal fees as a matter of fairness.

Get Help With Your Personal Injury Claim Today

Understanding personal injury lawyer fees can be complex, but the right attorney will make the process clear and manageable. If you’ve been injured in a car accident, slip and fall, or any other personal injury situation, Jeanette Secor, PA Attorney At Law is here to help.

Call us today at (727) 822-8818 to schedule your consultation and get the legal representation you need. With our contingency fee arrangement, you won’t owe attorney fees unless we recover compensation for you.